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Your full guide to child support in Australia

Child support. You might have heard of it, but do you know what it actually is and what it covers? If you aren’t sure of these things don’t worry! In our latest Romer Maud Family Lawyers blog, our Associate Family Lawyer Emina Hidic discusses all things child support, how it is determined and what to be aware of when navigating it. Read on.

Your full guide to child support in Australia

What is child support?

When parents are separated, the financial reality of raising children can be drastically different to that of a two-parent family. As a result, there are options available to make sure that the children involved are provided for. One of those options is child support.

Child support is the process of working out the financial contribution that each parent should make to the maintenance of the child, up until the time that the child turns 18 years of age, or completes high school.

In Australia, there are no set rules as to what child support covers. Generally, the amount may be used to cover expenses involved with raising the child such as food, clothing, housing, medical and school costs, and other activity-related costs.

What are some misconceptions around child support?

Often when working with clients, we see a lot of misconceptions about the role of child support. With this in mind, let’s debunk some very out-of-date myths to help you understand more about what the child support process actually involves.

Some believe that parents who do not spend time with their children are not obligated to pay child support.

The truth here is the Family Law Act 1975 (Cth) states that financial support of the children is a consideration as to what is in their best interests. As a result, a parent may have to pay child support even if they do not see their kids.

Another myth is that parents who have equal care of the children do not have to pay child support, or that parents who receive the Family Tax Benefit do not need to apply for child support.

In reality, there are different requirements for the payment of child support. If you’re in Victoria, parents who have shared care may need to pay child support depending on their incomes.

As for the Family Tax Benefit, parents who are in receipt of Family Tax Benefit Part A, must apply for child support. This is due to the law saying that parents have the primary responsibility to financially support their children.

A parent with primary care of the child has 13 weeks to apply for child support from the time that the parents separate, or from the date of birth of the child.

If the parent does not apply for child support, their Family Tax Benefit may be reduced or stopped. The more child support that a parent receives, the less Family Tax Benefit Part A they will receive.

How child support is calculated

In Australia, child support can be calculated in two ways:

By the Child Support Agency
Or by private agreement negotiated by the parents

The Child Support Agency

In situations where there might be hostility between parents of allegations of family violence, parents can request that the Child Support Agency collect child support payments on their behalf.

The Child Support Agency uses a strict formula to determine how much each parent should pay in child support. It considers the parent’s income, the age of the children, and the amount of time that they spend with each parent. That process is known as a Child Support Assessment.

A Child Support Assessment can change from time to time, depending on the parents’ income, and the level of care that each parent has for the children. A parent can approach the Child Support Agency seeking a reassessment based on a change in circumstances.

There are some payments arising from the maintenance of children that are not automatically counted as child support by the Child Support Agency. These are called “non-agency” payments, and can include:

Childcare costs;
Kindergarten or school fees;
School uniform and book fees;
Essential medical and dental items;
The receiving parent’s share of rent, security bond or mortgage payments;
The receiving parent’s share of home utilities, rates or owner corporation charges; and
Purchase and maintenance of the receiving parent’s motor vehicle.

If both parents agree that the above non-agency payments were intended to be child support, then the Child Support Agency can credit the payer at the rate of 30% of the assessed child support each payment period if the balance of the child support is paid on time.

If the parents do not agree, then the Child Support Agency can only credit the amount if it falls under a special type of non-agency payment and – at the time the payment was made – the payer had less than 14% care of the children.

Private Agreements

Another option for parents who can otherwise agree, is to enter into a Binding or Limited Child Support Agreement, which has been negotiated between them.

The parents can decide what kind of child support is going to be paid, by whom, and how it should be paid. These agreements tend to be more flexible than assessments done by the Child Support Agency and can capture proposals that would not otherwise be accounted for. For example, parents might agree that one of them pay for a child’s braces as a form of child support.

A Binding Child Support Agreement is intended to provide certainty and finality on the issue of child support. The agreement is much harder to be terminated, and will continue to be binding even if a parent has a change of income, loss of employment, suffers from a change in income-earning capacity or bankruptcy.

A Binding Child Support Agreement can nominate any amount to be paid, and can deal with issues such as payment of private health insurance and school fees. Independent legal advice is a requirement upon entering a Binding Child Support Agreement.

A Limited Child Support Agreement is an agreement that can be in place for a period of up to three years. It can be extended by the parents, or terminated. A Limited Child Support Agreement requires parents to have a Child Support Assessment in place. The agreement must provide for an equal or greater amount of child support to be paid than what was assessed. It does not require independent legal advice prior to entering.

Note: Private agreements between parents must be drafted flexibly, as they must account for circumstances where the percentage of care changes significantly. Usually, if the person receiving child support has less than 35% care of the child, the agreement will terminate unless it provides for a period of suspension in those circumstances.

How Romer Maud Can Help You

Creating the best outcome for yourself and your children doesn’t have to feel scary or overwhelming with the right support. Our team at Romer Maud Family Lawyers can help you with navigating the complexities of child support in order to ensure a fair arrangement that supports your life and your children’s development. To work with our compassionate team at Romer Maud, click the button below.

About The Author - Emina Hidic

Meet Emina! Our wonderful Associate Family Lawyer who joined the practice in 2024. A natural people-person interested in the human condition, and the ways in which she can truly help others, Emina is empathetic, kind and emotionally intelligent. She understands the vulnerability that those going through a separation can face, and works diligently to understand their stories, connect meaningfully and create accessible, flexible support for them. Outside of work, Emina is a keen bird enthusiast, and the mother to her beloved pet bird Fig.

*This post is an overview only and should not be considered as legal advice. If there are any matters that you would like us to advise you on, then please contact us.

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      Disappointing experience, especially because when choosing a lawyer I read so many positive reviews for this company.
From the beginning, I felt unsupported and as though my matter was not genuinely being progressed. Despite paying for legal fees when necessary, I saw little to no meaningful progress and ultimately felt that my matter went nowhere.

The other party was repeatedly able to not respond, and I felt there were limited options or consequences available to move things forward, even in light of previous court arrangements.
I understand that solicitors cannot control the other party or guarantee an outcome. However, I expected clear communication, genuine support and reasonable efforts to progress my matter, particularly when ongoing concerns and behaviours were being raised. Instead, I was left feeling unheard, frustrated and out of pocket, with no meaningful change to the parenting arrangements and continuing difficulties around communication and parenting responsibilities.

I also questioned whether my age affected my experience, although I cannot say that this was the case. I simply hope that being a younger client did not influence the level of attention or support I received, as I was still a paying customer seeking legal assistance.

Alison and Seren both seemed lovely on a personal level, but unfortunately I was left feeling that my matter was not a priority. Overall, I unfortunately would not choose to use this firm again.
I will add though, Seren understood my circumstances and worked with me to ensure I could afford each step of the process, it’s just unfortunate nothing more could be achieved with the obvious act of neglect from the other party.
     
   Tameka Bickford 
 27 September 2026
 
 
 
 
    Would highly recommend using there services.
     
   Amanda Britton 
 1 September 2026
 
 
 
 
    Very Helpful with lots of information regarding our requirements. Also very professional in the manner they conducted the teams meeting.
     
   Jimmy Lewis 
 30 July 2026
 
 
 
 
    Best lawyers in Melbourne thank you Durra
     
   raf kiswani 
 1 July 2026
 
 
 
 
    Highly recommend Romer Maud for their legal expertise in family law and professionalism, but equally their care and support throughout the process - in particular Emina Hiddick who was an absolute rock and guiding light throughout, always patient, responsive and generous with her time, knowledge of the legal system and advice. I felt confident and fortunate to have Emina representing me and helping me navigate a challenging time.
     
   Sara Newman 
 25 May 2026
 
 
 
 
    I had such wonderful support through one of the most difficult times of my life from Emina at Romero Maud Family Lawyers. She handled my case with kindness and respect and was able to guide me whilst also allowing my to maintain my core goals and outcomes. Would highly highly recommend.
     
   Belinda Dixon 
 29 April 2026
 
 
 
 
    Seren from Romer Maud was absolutely amazing. She was professional, supportive, and genuinely cared about getting the best outcome for me and my daughter.

She made a stressful process much easier and kept everything clear and straightforward. I’m so grateful for her help and highly recommend her to anyone needing a family lawyer.

Thank you so much Seren and the team at Romer Maud, we couldn't of done it without you.
     
   Glenn 
 29 April 2026
 
 
 
 
    Communication was not effective I was confused about my situation and after taking their first appointment I didn’t felt like I have been heard or suggested what would be my next steps
     
   Sravya Raavi 
 29 April 2026
 
 
 
 
    In response to the comment from Romer Maud below - I use a pseudonym online, the reason for which should be plainly obvious especially to you given what you’ve been privy to of my situation. The fact that you cannot recall a 22 month long separation which you were part of says it all really. I have included more than enough specific details that the case should be obvious to you. I was not your client, my previous partner was. However we were both massively negatively impacted on every level by your ineptitude, highlighted here by the very fact you’ve no recollection even of the case, that only concluded in April of this year.

My original review post:
At every point where an agreement should have been reached, this firm failed to effectively guide their client toward resolution. As a result, the separation was unnecessarily prolonged.

This was not over a complex or high-value asset pool. It was modest, and the limitations were clear, if not from their client, then certainly from the accurate information repeatedly provided by my lawyer and barrister.

Their approach cost both their client and myself over $50,000 each in unnecessary legal fees.

They provided incorrect advice regarding financial separation and were unable to manage their client’s expectations. At mediation, my barrister (with 20+ years’ experience) had to explain, in front of one of this firm partners and their junior barrister, what a court would consider fair and reasonable.

Even after eight hours of negotiation that day (which they only attended because their client failed to appear), no agreement was reached.

Ultimately, their client accepted an offer I had made two years earlier, before lawyers were involved, based on my own accurate research. By that point, we had spent over $50,000 each and endured 22 months of entirely avoidable litigation.

Our combined legal fees equated to roughly one-fifth of the asset pool, with this firm’s fees representing more than one-third of their client’s share. The cost of reaching agreement was excessive.

For nearly two years, they allowed their client to believe they were entitled to far more than a court would award. We came close to a final trial, a costly and stressful outcome we narrowly avoided.

Their conduct prolonged financial limbo and, in my view, enabled ongoing financial abuse. The court was aware of this.

It is unclear whether this reflects inexperience, an inability to manage difficult clients, or prioritisation of fees over resolution. Regardless, the outcome was the same: delay, cost and psychological distress.

If this firm represents you or your ex, expect prolonged timelines, significant legal costs, and repeated inaccuracies in correspondence and financials. I routinely had to pay my lawyer to correct their errors.

They operated on a deferred payment model, taking fees from their client’s settlement. This likely reduced their client’s awareness of escalating costs. In contrast, I paid regularly, making the financial impact of litigation immediate.

Following mediation, progress improved slightly (though settlement still took another five months), likely once the financial reality became clear they would not be paid appropriately for a final trial out of their clients realistic share of the asset pool.

Communication was consistently delayed, court ordered deadlines were never respected and responses were often almost always incomplete or incorrect.

Even post-settlement, finalisation of court-ordered matters was delayed by SIX months. I had to re-engage my lawyer just to obtain responses and ultimately complete required work myself to ensure compliance after this firm sent confirmation that proved their client lodged a highly questionable tax return, attempting to avoid paying CGT entirely, which was outside what was legally required.

I strongly recommend avoiding this firm. If they are acting for your ex, be prepared for an unnecessarily prolonged and costly process.
     
   Lucky Leonard 
 28 April 2026
 
 
 
 
    Very professional and lovely to speak to, gave me confidence to move forward knowing they will support me all the way
     
   Kris Balfour 
 31 March 2026