How do I get child support?

 

image of child being led awayChild support is money that is paid to support children after their parents separate. Every parent has a financial duty to support their children.

A parent may have to pay child support if they were married, in a de facto relationship, never lived together or never had a relationship. It also may apply to same-sex parents.

If you have separated from the other parent, you can apply for a child support assessment. You can apply even if you are separated under one roof.

You can apply online, or call Child Support on 131 272 to apply over the phone.

Also see what can I do if I have experienced domestic and family violence and am scared to ask the other parent for child support.

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image of moneyA mathematical formula is used to figure out how much child support should be paid. This is called a ‘child support assessment.’

 

 

 

image of a computerFor an estimate of how much will need to be paid, see the Child Support Online Estimator.

 

 

 

image of a person on the phoneIf you think the child support assessment is unfair because it does not take into account special circumstances in your case, you should contact Child Support to discuss this. They may be able to change how much is paid.
Get legal adviceACTNSWNTQldSATasVicWA and call Child Support on 131 272 as soon as you can.

 

Also see what if my or the other parent’s circumstances change?

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image of a childIf your children are spending most of their time living with you, it’s up to you to apply for child support.

 

 

image of legal adviceIf you are scared to apply for child support because of domestic and family violence, you should get legal adviceACTNSWNTQldSATasVicWA.

 

 

You can talk to a Centrelink social worker about a child support exemption so your Family Tax Benefit doesn’t get reduced. See what can I do if I have experienced domestic and family violence and am scared to ask the other parent for child support.

 

image of a calendarIf you receive Centrelink benefits, you must apply for child support from the other parent. If you receive Family Tax Benefits, you will continue to receive this for 13 weeks after you separate.

 

 

image of moneyIf you haven’t applied for Child Support, after 13 weeks, your ‘Family Tax Benefit A’ will be reduced to the base level.

 

 

image of person at help deskIt’s important to apply as soon as you can after you separate because you will be paid from the date you apply (Child Support won’t back-date it to when you separated).

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image of questioningYes. Every parent has a legal duty to support their children financially.

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image of supervised timeChild Support will only accept an application for child support if you can prove that the other parent is a biological or adoptive parent of your child or, in some cases, a former same-sex partner.

 

 

 

image of a child questioningChild Support will accept that a person is a parent if for example ― they are named on the child’s birth certificate or the parents were married to each other when the child was born.

 

 

 

image of legal adviceIf you’re not sure if you can prove that the other person is a parent, get legal adviceACTNSWNTQldSATasVicWA.

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image of intimidationChild Support can collect child support for you. They can do this by taking money from the other parent’s wages or tax refunds or by starting court action against them.

 

 

 

image of legal adviceIf you are still scared to apply for child support against the other parent, you should get legal adviceACTNSWNTQldSATasVicWA. You can talk to a Centrelink social worker about getting an exemption.

 

 

image of moneyAn exemption means you do not have to apply for child support from the other parent. If you are getting Family Tax Benefits, this means your benefits will not be reduced, but you won’t get any child support payments.

 

 

You cannot be back-paid child support from the other parent if you get the exemption and later decide you do want to start claiming child support.

 

 

image of person at help deskIf you are getting the exemption and no longer have fears for your safety, you should to speak to Child Support about the other parent starting to pay you.

 

 

image of a person on the phoneTo see if you are eligible for the exemption get legal adviceACTNSWNTQldSATasVicWA, speak to a Centrelink social worker. You can go to your local service centre, or call 136 150 and ask to speak with a social worker.

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image of moneyIf Child Support makes a child support assessment, you can ask them to collect the money from the other parent for you.

 

 

 

image of financial abuseOtherwise, you can arrange to privately collect the money from the other parent. If the other parent stops paying you, you will need to get legal adviceACTNSWNTQldSATasVicWA about how to chase the unpaid money yourself.

 

 

 

image of legal adviceIf you are collecting the money privately, you can change your mind and ask Child Support to start collecting payments for you instead.
For more information, get legal adviceACTNSWNTQldSATasVicWA.

 

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The amount of child support paid to a parent can be changed when circumstances change.

Changes could include things like:

  • image of person thinking about childa change in one parent’s income
  • the birth of a new child
  • changes to the care arrangements for your children
  • things like extra costs for caring for your children―for example, for an expensive school or health care costs.

It is important to let Child Support know as soon as possible if your circumstances change. Call Child Support on 131 272 to discuss your options.

It’s also a good idea to get legal adviceACTNSWNTQldSATasVicWA because there are time limits for taking action and objecting to a decision by Child Support.

For more information, see resources.

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child thinking about moneyParents can make agreements called ‘child support agreements’ or ‘private agreements’ about child support.

These agreements set out in writing how much and how often one parent will pay child support to the other parent.

It is important that you get legal adviceACTNSWNTQldSATasVicWA before you make a child support agreement. They are difficult to change later and can sometimes disadvantage the parent who has the children living with them most of the time.

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image of disagreement or comparisonChild Support must tell you in writing about most decisions it makes about your case. If you think Child Support are wrong, you can object and ask for a review of the decision.

 

 

 

image of a calendarYou must object in writing no later than 28 days after the decision is delivered to your address. If you are out of time, you will need a reason why you are late. If you want to object, get legal adviceACTNSWNTQldSATasVicWA.

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In New South Wales, Legal Aid NSW have a Child Support Service who can give legal advice about child support matters.

For more information, visit the Child Support Service page of their website, or call 1800 451 784.

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In South Australia, the Legal Services Commission of SA have a Child Support Unit who can give legal advice on child support matters.

For more information, visit the Child Support Help page of their website, or call (08) 8111 5576.

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In Victoria, Victoria Legal Aid have a Child Support Service who can give legal advice in some child support matters.

For more information, and to see if you are eligible for an appointment, see Victoria Legal Aid’s website.

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© Copyright National Legal Aid 2019. All rights reserved. All illustrations by Frances Cannon.

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