Photo Credit: Ethan Lofton
In need of Child Support help?
You are in the right place.
Here are our answers to some Child Support Help FAQ’s.
How much Child Support can I apply for? Can the Child Support amount be more or less than the amount calculated by the CSA’s scales?
Yes, in some situations it is possible to apply for more Child Support. This may be relevant when your children have special needs that require more financial aid or when your ex earns significantly more money than the Child Support scales take into account.
If a payer of Child Support feels as though the amount they are paying is unfair they may also apply to the Family Court to have their Child Support amount reduced.
To do so, you will need to apply through the CSA for a departure order to a court with Family Court Jurisdiction, citing Reason 8: a parent’s income, property, financial resources, or earning capacity.
This guide from the CSA provides further information on the legislative references necessary for the application, as well as possible reasons to reassess Child Support payments.
The name of my child’s second parent is not on their birth certificate. What other documentation will I need to apply for Child Support?
In order to apply for Child Support you will need the second parent to sign a declaration of paternity form and submit it to the CSA. If the second parent refuses to do so you will need to apply to the Court for a declaration of paternity.
Will the amount of child support that I pay or receive affect my Family Tax Benefit?
Your Family Tax Benefit may be affected by your Child Support payments, depending on the amount you receive. The Family Tax Benefit is divided into two sections – Part A and Part B. To be eligible for either benefit, you must care for your children at least 35% of the time. The amount of money you get from you Family Tax Benefit is determined using similar criteria to the Child Support payments (see Child Support: The Basics), taking into account income, parental level of care and the number of children you are supporting. Generally, the more Child Support that you are paid, the less money you will receive from your Family Tax Benefit.
Rather than being calculated in one lump sum according to the number of children you have, Family Tax Benefit Part A is calculated separately for each child. If you are receiving child support for one child but not another, you may receive a different benefit amount for individual children you care for.
If you receive the Family Tax Benefit Part A, you must apply for Child Support within 13 weeks of your separation. If you fail to do so, your Family Tax Benefit may be reduced or discontinued, depending on your circumstances. Be sure to contact Centrelink whenever your Child Support payments change.
For more information on the Family Tax Benefit Payments, including eligibility and payment amounts, click here.
I separated from my partner before my child’s birth. Can I get any money from their other parent for expenses leading up to my child’s birth?
In addition to Child Support, you can also apply for expenses associated with the birth of your child, including medical expenses and essential care items like nappies and baby food. This application goes through the Court – not the CSA. The period of time that you can make a claim for is:
- two months prior to your child’s birth (or earlier if medical advice meant you needed to give up work)
- three months after your child’s birth
The amount that the other parent will have to pay will be calculated according to their income and capacity to pay. An application for compensation must be filed within 12 months of child birth. For legal advice, contact a legal aid office in your area.
Can I receive Child Support for children over 18?
While most Child Support agreements last until the child turns 18, at which time they are deemed an adult, you may apply for an extension of Child Support in certain circumstances. For example, if your child will turn 18 before they complete high school you can apply to the CSA to have your Child Support extended until your child’s graduation date. To do so, you must provide evidence that your child will be at school after their 18th birthday and apply before your child turns 18.
I don’t trust the other parent to pay my Child Support. Can the CSA deduct money from their pay before my partner receives it?
Yes, the CSA can collect money from an employer before the paying parent receives their wages. Generally, this action is only taken when the paying parent has failed to pay Child Support in the past.
