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Child support and child maintenance
Child support
Child support payments are paid by one parent to the other to help with the costs of a child aged under 18.
The law says that both parents have a duty to support their children financially, whether they are biological (birth) or adoptive parents. From 1 July 2009, parents who were in a same-sex relationship may also have a duty to support their children financially.
Most children in Australia are covered by the Child Support Scheme, managed by the Child Support Agency, a Commonwealth Government agency. Its role is to support separated parents to transfer payments for the benefit of their children.
Parents can come to their own agreement about how much child support should be paid.
If parents don't agree about child support, the Child Support Agency will assess how much child support should be paid.
How child support is calculated
When working out your child support payment, the Child Support Agency looks at:
- both parents’ income
- if you are supporting other children
- the costs of raising children (including their ages, the number of children and any special needs)
- how much time you spend with the children (your ‘levels of care’).
These payments are separate from any parenting or other Centrelink payments a parent may get, but child support payments can affect how much you are paid by Centrelink.
See Child support formula assessment.
Child maintenance
Child maintenance orders were made if you separated before 1 October 1989 and no child of the relationship was born after that date.
In most cases, child maintenance orders do not apply as the children are 18 or over. However, if your child is 18 or over and they are studying or have a disability they may be able to get adult child maintenance.
See Adult child maintenance fo over-18s.
Other possible orders
Child maintenance orders and agreements can be made under the Family Law Act 1975 (Commonwealth) for maintenance payments, including those for:
- step-children (step-child maintenance)
- some cases where the person who pays lives overseas.
This is a complicated area of the law. It is important you get legal advice.
More information
Family Tax Benefit and child support
Transferring child support payments
Related websites
Related publications
Child support and parentage testing
You and family law: a short guide
How we can help
Call Legal Help for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
Roundtable Dispute Management service has trained dispute resolution practitioners. The service can help people reach agreements together about the children. See Resolving family disputes.
Our other free legal services include:
- free contravention workshops about how to prepare a contravention application and represent yourself if your former partner breaching (disobeying) court orders
- legal advice at our offices and other locations across Victoria – see Child support legal services
- lawyers who are on ‘duty’ to help at many courts and tribunals.
For some matters we can provide you with a lawyer to help you run your case.
To find out more about any of our legal services see What we do.
Who else can help
Some community legal centres (CLCs) have specialist child support services. Most CLC services are free. See the Community Law website for more information and CLC contact details.