Services / Child support
Child support:
fair is the whole point.
Services Australia sets child support using a formula — but the inputs can be wrong, and you can challenge the assessment. If your assessment doesn't reflect your real income, your nights of care, or your circumstances, you can do something about it. Supporting your kids and being treated fairly are not in conflict.
How is child support calculated?
Services Australia uses a formula built on both parents' taxable incomes, the number and ages of the children, and the percentage of nights each parent cares for them. Two inputs matter most. First, your care percentage: each extra band of overnight care reduces what you pay, because you're meeting costs directly during that time. This is one more reason parenting arrangements and child support should be handled together, not separately. Second, the income figures: if your ex's income is understated, or yours is overstated by a one-off year, the assessment is wrong from the start.
The assessment doesn't reflect reality. What can I do?
Object, or apply for a change of assessment — there are ten recognised special-circumstance grounds. Common grounds for fathers: the other parent's real earning capacity is higher than their declared income; your contact costs are high (travel after a relocation, for instance); you're meeting costs directly, like school fees or health insurance; or the assessment doesn't reflect your actual income after a job loss. Strict timeframes apply to objections. How the application is argued genuinely affects the outcome — this is detail work, and it's work we do every day.
Can we just agree on an amount privately?
Yes — through a limited or binding child support agreement, which can give both parents certainty the formula never will. A binding agreement — where each parent gets independent legal advice — can fix amounts, cover specifics like school fees or orthodontics, and stop the annual reassessment lottery. For self-employed fathers and those with variable income, an agreement is often far better than the formula. We draft them, and just as importantly, we'll tell you when an agreement on the table is one you shouldn't sign.
What if I genuinely can't pay right now?
Deal with it head-on — arrears don't disappear — but assessments can be corrected and payments arranged. If your income has dropped, an estimate can adjust your assessment going forward. If debt has accrued, negotiated payment arrangements prevent enforcement action like tax-refund interception or departure prohibition orders. What never works is ignoring it: child support debt is among the most aggressively enforced debts in Australia. Engaging early, with the right paperwork, keeps you in control of the conversation.
Questions fathers ask us about child support
My ex refuses to work but could. Do I just pay more forever?
Not necessarily. A change of assessment can be sought where a parent's earning capacity — not just their declared income — should be taken into account. These applications turn on evidence of qualifications, work history and genuine opportunities, and they succeed regularly when properly prepared.
Does paying child support guarantee me time with my kids?
No — and the reverse is also true: being behind on child support doesn't reduce your right to see your children. The two systems are legally separate. If you're paying faithfully but being denied time, that's a parenting matter, and we can act on it.
I'm self-employed and my income swings year to year. How does that work?
Formula assessments handle variable income badly. Self-employed fathers are prime candidates for regular income estimates or a binding agreement that sets sensible fixed amounts. We'll look at your figures and tell you which puts you in the fairest position.
Paying fairly shouldn't mean paying blindly.
Bring us your assessment. We'll tell you within one conversation whether it's worth challenging.
Book a ConsultationUrgent? Call (02) 4704 9977 — don't wait for a form response.