Child Support Lawyers Sydney
When parents separate, children’s financial needs don’t change — but working out who pays what, and how, can quickly become one of the most contested issues in a separation.
At Meredith Family Lawyers, we help parents in Sydney understand their child support obligations and rights, negotiate fair arrangements, and take action when existing arrangements aren’t working. Whether you’re just separating, dealing with a dispute, or needing to change an existing assessment, we can help you move forward with clarity.
What Is Child Support in Australia?
How Is Child Support Calculated in Australia?
Child support is financial support paid by one parent to the other to help cover the costs of raising children after separation. It is governed by the Child Support (Assessment) Act 1989 and administered by Services Australia (formerly the Child Support Agency).
Child support is separate from PARENTING ARRANGEMENTS — even if parents share care equally, one parent may still be required to pay child support depending on the income difference between them.
Both parents have a legal obligation to financially support their children, regardless of whether they were married, in a DE FACTO relationship, or were never in a relationship at all.
1. Each Parent’s Adjusted Taxable Income
Child support is not based on take-home pay. It uses your adjusted taxable income, which can include reportable fringe benefits, reportable employer super contributions, total net investment losses, and certain tax-free government pensions.
2. The Self-Support Deduction
A self-support amount is deducted from each parent’s income before child support is calculated — in 2026, this figure is $31,046. This ensures each parent retains enough income to support themselves.
3. Each Parent’s Income Share
The remaining incomes are combined. Each parent’s proportion of the combined total determines their share of financial responsibility.
4. Percentage of Care
The number of nights the child spends with each parent annually determines a care percentage. Care arrangements are then applied to a legislated cost credit table. For example, 14–34% care attracts a 24% cost credit, which offsets the parent’s income share.
5. Cost of the Children Table
The combined income is used to estimate the total cost of raising the children using a legislated government table. Costs are higher for teenagers and for lower combined incomes.
6. The Assessment
Each parent’s financial position is calculated. If your income share exceeds your care cost credit, you pay child support. If your care cost credit exceeds your income share, you receive it.
Minimum payment: Even if the paying parent has no assessable income, a minimum annual payment applies ($551 in 2026 for a single case).
A note on complexity: The formula is straightforward in standard cases, but self-employed income, trusts, hidden income, multi-case assessments, or disputed care arrangements can all significantly alter the outcome. This is where legal advice becomes important.
Private Child Support Agreements vs. Services Australia Assessment
Parents in Australia have two main pathways for child support:
Formal Assessment Through Services Australia Either parent can apply to Services Australia for a formal child support assessment based on the statutory formula. Services Australia then issues an assessment figure, which is legally binding. Payments can be made:
- Privately — directly between parents (private collect)
- Through Services Australia — the government collects and transfers payments (agency collect), which includes enforcement powers such as wage garnishment, tax refund interception, and departure prohibition orders for non-payment
Approximately 55% of child support cases use agency collection.
Child Support Agreements Rather than relying solely on the formula assessment, parents can enter into a legally binding child support agreement. There are two types:
- Limited Child Support Agreement: Can reflect an amount different to the assessment, but the assessment must be in place first. Can be set aside more easily and lasts for three years.
- Binding Child Support Agreement: Can be made for any amount — above or below the assessment — and can exclude Services Australia involvement entirely. Both parties must obtain independent legal advice before signing.
Binding child support agreements offer more flexibility for parents with complex financial arrangements, but they carry significant legal weight. Both parents need separate legal advice before one is finalised.
When Child Support Disputes Arise
Even when an assessment is in place, disputes are common. You may need legal advice if:
- You believe the other parent is hiding income or understating their earnings
- Your financial circumstances or the child’s care arrangements have changed significantly
- The paying parent has stopped paying or is consistently in arrears
- You want to vary the assessment amount through a Change of Assessment (COA) application
- The other parent has taken the child overseas or is threatening to relocate
- You’ve received a Services Australia decision you want to review or appeal
Changing a Child Support Assessment
Either parent can apply to Services Australia for a Change of Assessment (COA) if the standard formula produces an amount that is unjust or inequitable in your particular circumstances. There are 10 grounds under the legislation on which a change can be sought, including:
- Significant changes in a parent’s income
- High costs of caring for the child (e.g. medical or disability-related expenses)
- The paying parent having high self-employment income that is difficult to verify
- Either parent having income that is not fully captured by their taxable income figure
- The child’s special needs
We can advise you on whether grounds exist for a change of assessment and help you prepare a compelling application.
Child Support and Parenting Arrangements
Child support and parenting arrangements are legally separate — but they are practically interconnected. The percentage of care directly affects the child support calculation, which means parenting arrangements negotiated during separation can have significant financial consequences for both parents.
We regularly advise clients on how proposed parenting plans are likely to affect child support assessments, and help ensure that any agreement reached accounts for both outcomes.
If PARENTING ARRANGEMENTS are IN DISPUTE, our team can also assist with consent orders and parenting plans alongside the child support process.
How Meredith Family Lawyers Can Help
We are a boutique Sydney family law firm. That means your matter is handled personally — by an experienced family lawyer who knows your situation, not passed between junior staff.
We assist with:
- Explaining how the child support formula applies to your specific circumstances
- Reviewing or drafting binding and limited child support agreements
- Preparing Change of Assessment applications
- Advising on Services Australia decisions and your options for objection or appeal
- Negotiating child support as part of a broader separation settlement
- Advising on the interaction between child support, parenting arrangements, and property settlement
- Advising on child support for self-employed parents or where income disclosure is a concern
We work primarily in Sydney and across New South Wales.
Child support matters are rarely just about money — they sit at the intersection of parenting, finances, and what’s best for your children. Getting proper advice early can prevent disputes later and help you reach arrangements that work for your family.
To speak with a Sydney family lawyer about your child support situation, contact Meredith Family Lawyers for A CONFIDENTIAL CONSULTATION.
Speak to a Sydney Child Support Lawyer Today
Frequently Asked Questions
Child support generally continues until the child turns 18. If the child is still in secondary school at 18, support can continue until they finish school or turn 18, whichever is later. Parents can also agree to ongoing support by way of a child support agreement.
Yes. Either parent can apply to vary an assessment if there has been a significant change in circumstances — such as a change in income, care arrangements, or the child’s needs. A binding child support agreement can also be set aside in limited circumstances.
If the other parent is in arrears or refuses to pay, Services Australia has enforcement powers including wage garnishment, tax refund interception, and departure prohibition orders preventing overseas travel. Legal advice can help you understand your options and escalate if needed.
Not necessarily. Even where care is split equally, child support may still be payable by the higher-earning parent to the lower-earning parent. The formula accounts for the income difference between parents, not just the care percentage.
Yes — through a binding child support agreement, parents can agree to an amount above or below what the formula would produce. Both parties must obtain independent legal advice before entering a binding agreement.
A Change of Assessment is an application to Services Australia to depart from the standard formula on the basis that it produces an unjust outcome in your particular circumstances. There are 10 legislated grounds for a change. We can assess whether your situation qualifies.
Private collect means parents transfer payments directly between themselves. Agency collect means Services Australia collects payments from the paying parent and transfers them to the receiving parent — with enforcement powers if payments aren’t made.
