The Legal Framework

Child support is governed by two inter-locking systems:

• Administrative assessments issued by Services Australia under the Child Support Scheme; and
• Court-ordered child maintenance made under Part VII Division 7 of the Family Law Act 1975 when the Scheme does not apply or a different arrangement is needed.

The objects of the child maintenance provisions (s 66B) emphasise ensuring that children receive proper financial support and encouraging parents to reach agreements themselves.

While the Marriage Act 1961 (Cth) establishes and regulates marriage, it is the Family Law Act that provides the rules about ongoing parental responsibilities once a relationship ends. Together, these Acts make it clear that the end of a relationship does not end the obligation to support a child.

Who Has to Pay?

The duty applies to both legal parents, step parents in some circumstances, and (in limited cases) anyone who has become a parent through assisted-reproduction or surrogacy. Where there is disagreement about parentage, the court can make declarations or order DNA testing.

How Child Support Is Worked Out

Most parents will apply to Services Australia for an administrative assessment. The formula takes into account:

• Each parent’s taxable income
• The costs of raising children at different ages
• How much time each parent cares for the child

Parents who agree on their own figure can lodge a Child Support Agreement - either binding (both parties had independent legal advice) or limited (no legal advice needed but easier to change).

When a Court Order Is Needed

Under section 66E, a court must not make a child maintenance order if an administrative assessment could be made. However, an order may still be necessary when:

• The child is over 18 but still completing secondary school or has a disability
• One parent lives overseas in a country that does not recognise Australian administrative assessments
• There are special expenses - such as private school fees, medical costs or extracurricular activities that the assessment does not cover
• A step-parent has been supporting the child and a contribution is reasonable (s 66M)

When deciding the amount, the court is guided by sections 66J–66K which list the factors to consider, including the child’s needs, the parents’ capacity to pay, the standard of living enjoyed by the child before separation and any government benefits.

Agreeing Without Litigation

The law encourages parents to reach their own arrangements. A written Parenting Plan can set out the amount and frequency of child support payments, or parents can sign a formal Binding Child Support Agreement after receiving legal advice. Reaching agreement keeps costs down and reduces conflict—critical for ongoing co-parenting.

If Parents Can’t Agree

When negotiation and mediation fail, you can apply to:

• Services Australia for an administrative assessment, or
• The Federal Circuit and Family Court of Australia for a maintenance order (if the Scheme does not apply).

Court documents must be served on the other parent and the court will normally refer the parties to dispute-resolution before a final hearing.

Enforcing & Varying Child Support

Unpaid child support adds up quickly. Services Australia can:

• Garnish wages or tax refunds
• Register a charge over property
• Prevent a parent from leaving Australia

The court can also make orders to secure payment, including seizing assets. If circumstances change—income drops, care arrangements shift, or the child develops special needs—you can apply to vary the assessment or order.

Adult Child Maintenance

A child who is 18 or older may still need support if they are studying or have aphysical or mental disability. The court can make or extend an order under sections 66L–66SA to cover these circumstances.

Why Choose Stanley & Co Lawyers?

• Specialist family-law  knowledge – Our team live and breathe family law, including complex child support disputes.
• Strategic advice – We analyse your financial position and devise the most cost-effective path—negotiation, administrative review or litigation.
• Clear, practical guidance – We translate legal jargon into plain English so you always know where you stand.
• Strong advocacy – If court is unavoidable, we prepare meticulous evidence and fight for a fair outcome that protects your child’s future.