CMS Legal - Family Lawyers


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The Child Support System

The money parents pay to financially support their children after separation is called child support.

Do I automatically receive Child Support now that we are separated?

No. Once separated, a child support assessment is not automatically calculated. The parent, with whom the children live must lodge an Application for Child Support with the Child Support Agency.

How much Child Support do I have to pay?

The Child Support Act provides a mathematical formula for the automatic calculation and assessment of your child support liabilities. The Agency's assessment of these factors may also affect Family Tax Benefits.

Is there another option?

Yes. Another option is a Child Support Agreement.

There are two types of child support agreements that can be used as alternatives to the child support formula assessment.

  • Binding Child Support Agreements.
  • Limited Child Support Agreements.

The Agreements allow parents to determine the amount of child support to be paid.

Does this apply if I’m in a same sex relationship?

Yes. From 1 July 2009, the child support scheme includes children from a previous same sex relationship.

Should I speak with a Family Lawyer?

Before deciding on a child support agreement, it is important to speak with a family law practitioner, particularly if you are considering a Binding Child Support Agreement.

To find out more about the two types of child support agreements or to discuss lodging an application for child support, fill out our enquiry form or contact us to make an appointment.

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