Family Law

Every child deserves financial support from both parents — get what you are owed.

Child support is calculated by Services Australia using a formula set under the Child Support (Assessment) Act 1989, but the formula only works fairly when both parents are honest about their income. If your ex is under-reporting earnings, refusing to pay, or you need to change an existing assessment, specialist family lawyers can help you navigate the system and secure the right outcome for your children.

Free consultation Children's interests first No upfront fees

⚠ Unpaid child support accumulates as a debt but collection becomes harder over time — submit your request now.

Does This Sound Like You?

Common situations we help with.

Ex-partner not paying assessed child support

Despite a child support assessment from Services Australia, your ex is simply not paying. Arrears are accumulating and it is affecting your ability to provide for your children. Services Australia has collection powers including garnishing wages, intercepting tax refunds, and suspending passports — but you need to know how to trigger these mechanisms.

Self-employed ex under-reporting income

Your ex is self-employed or operates through a company or trust and their disclosed income for child support purposes is far below what their lifestyle suggests. Services Australia uses taxable income as the basis for its assessment, but you can apply for a Change of Assessment on the ground that income is not a correct measure of their financial capacity.

Want to change the child support amount

Your financial circumstances or those of your ex have significantly changed since the last assessment — through job loss, a new higher-paying role, a change in care arrangements, or a new partner's income — and the existing assessment no longer fairly reflects the situation. Services Australia or a court can reassess the amount when circumstances change.

Private arrangement breaking down

You and your ex had an informal or formal private child support agreement, but it is no longer working — either because your ex has stopped paying, the amount agreed no longer covers the children's needs, or your ex is now insisting on going back to the administrative formula. A lawyer can help you formalise the arrangement or transition back to an assessed amount.

Departure from administrative assessment — special circumstances

The standard Services Australia formula does not take into account significant special expenses — such as private school fees, medical costs for a disability, or extraordinary travel costs — or special circumstances such as high income above the formula cap, or a paying parent's second family obligations. A Change of Assessment can result in a higher or lower payment to reflect the real costs of raising your children.

International child support enforcement

Your ex has moved overseas and stopped paying child support, or they live overseas and you need to establish a new child support obligation. Australia has reciprocal arrangements with many countries for the recognition and enforcement of child support orders, and specialist lawyers can help you pursue international recovery through the appropriate channels.

Get Your Situation Assessed — Free

How It Works

Getting fair child support — from assessment to enforcement.

Child support disputes can range from straightforward collection issues to complex income investigations. A specialist family lawyer will identify the fastest and most effective pathway for your specific situation.

Submit Your Child Support Request
1

Submit your request

Tell us about your child support situation — the current assessment amount, whether payments are being made, and any concerns about your ex's disclosed income or changed circumstances.

2

Free legal review

A specialist family lawyer reviews your situation, advises whether a Change of Assessment, collection escalation, or private agreement formalisation is the right approach, and identifies any legal avenues to address income under-reporting or non-payment.

3

Take action to secure fair support

Your lawyer assists with Applications for Change of Assessment, enforcement through Services Australia or the Federal Circuit and Family Court of Australia, or drafting a binding child support agreement that reflects the true costs of raising your children.

Formula-Based

The Services Australia formula uses both parents' incomes, care percentages, and cost of children tables — a lawyer can explain exactly how it applies to your situation

All 8 States

Requests matched to specialist lawyers across every state and territory in Australia

Free

Initial consultation — understand your rights and options before committing to any action

Enforceable

Unpaid child support is a legally recoverable debt — with the right steps, it can be collected even if your ex is uncooperative

Before You Apply

Practical questions about child support in Australia.

How does the child support formula work? +

Services Australia uses a formula under the Child Support (Assessment) Act 1989. It takes into account both parents' adjusted taxable incomes, each parent's percentage of care for the children, the number and ages of the children (using a cost of children table), and subtracts a self-support amount (currently indexed) from each parent's income. The formula produces an annual assessment which is divided into monthly or fortnightly payments. It is recalculated annually when tax returns are lodged, or sooner if a parent requests a reassessment due to changed circumstances.

What are the grounds for a Change of Assessment? +

There are ten specific grounds for a Change of Assessment under the Child Support (Assessment) Act 1989, including: the costs of caring for, educating or training the children are significantly greater than in the formula; a parent's income is not a correct reflection of their financial capacity (such as when they are deliberately earning less or directing income through a company); special needs of the child; or the financial support provided for a child of a new relationship. Applications are first considered by Services Australia, and if unsuccessful can be appealed to the Administrative Appeals Tribunal or taken to the Federal Circuit and Family Court of Australia.

Should I collect child support through Services Australia or a private agreement? +

Services Australia collection gives you access to enforcement powers — wage garnishment, intercepting tax refunds, placing charges on property, suspending passports, and in extreme cases referring the matter for prosecution. A private arrangement (informal or through a Limited or Binding Child Support Agreement) offers more flexibility but no automatic enforcement mechanism if it breaks down. Where there is a history of non-payment or dishonesty about income, Services Australia collection or a court-enforceable arrangement is usually the safer option.

What income disclosure obligations does a paying parent have? +

Both parents are required to keep Services Australia informed of their current income. Services Australia uses the most recent taxable income from ATO records unless a parent notifies a change. For self-employed parents, Services Australia can request financial statements and tax returns. If you believe your ex is deliberately reducing their assessed income — by taking dividends as loans, directing income to a family trust, or working cash-in-hand — a Change of Assessment application can direct Services Australia to impute an appropriate income based on their earning capacity and lifestyle rather than declared taxable income.

Can I enforce Australian child support against a parent living overseas? +

Yes, in many cases. Australia has reciprocal enforcement arrangements with more than 30 countries, including the UK, New Zealand, the US, Canada, and most EU member states. Under the Child Support (Registration and Collection) Act 1988, an Australian child support assessment can be registered in a reciprocating country and enforced there, and vice versa. If the country involved has no reciprocal arrangement, enforcement is more complex and may require commencing proceedings in the foreign country's courts. Legal advice is essential given the complexity and cost involved.

How does child support differ from spousal maintenance? +

Child support is paid by one parent to another to contribute to the direct costs of raising the children, calculated by the Services Australia formula and enforced under the Child Support Acts. Spousal maintenance under the Family Law Act 1975 is a separate obligation from one spouse to the other to meet the financially dependent party's own living expenses — it is not for the children's benefit. You may be entitled to both child support and spousal maintenance depending on your circumstances. A family lawyer can advise on both entitlements simultaneously.

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