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Child Support

Contact Armstrong Legal:
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100

Amelia Trotman

In Queensland and throughout Australia, the primary legislation governing the administration and assessment of child support is the Child Support (Assessment) Act 1989 (Cth). The Act provides for a primary carer of a child or children to make a claim for child support from the other parent.

The Department of Human Services is responsible for reviewing applications, assessing the amount of support which should be paid by each parent and the collection and enforcement of child support payments.

The assessment of child support is based on a formula which takes into account each parent's income, the number of children, the age of the children and their living arrangements.

There are three different categories of child support payments:

Periodic payments

Payments of a regular amount on a recurring or cyclical basis.

Non-periodic payments

Where parties reach agreement about, or the court makes an order for, non-periodic payments (eg payment of school fees or private health insurance). An agreement or Order for non-periodic payments must state whether or not those payments will reduce the annual rate of child support payable under the Assessment.

Lump sum provision

A payment made to the other parent as a "credit balance" to be used to meet ongoing liabilities (Section 69A). The Court or the agreement must specify the percentage of these liabilities to be met by drawing on the lump sum.

There are also non-agency payments, being:

  • a payment made directly to a payee;
  • a payment to a third party in discharge of a debt owed by the payee, the payer, or both; or
  • a non-cash transaction such as a transfer of property or the provision of services.

It is important to note that the Department of Human Services does not have power to enforce child support payments against third parties.

where to next?

It is our aim to alleviate as much of the stress and uncertainty from our clients as possible. We do this by providing you with the information you need to understand the process and the family law system so that you feel calm and confident knowing the likely outcomes and how we will achieve the best outcome for you and your family.

Why Choose Armstrong Legal?

Contact Armstrong Legal:
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100

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