Family law

Child support in Victoria.

Child support looks like a formula until your circumstances do not fit it. CMK Legal in Richmond can assist parents across Melbourne with assessments, change of assessment applications, binding and limited child support agreements, and what to do when payments are not being made, aiming to resolve disagreements by agreement wherever possible.

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Advice from a lawyer

Agreements prepared and certified by a lawyer, with the advice certificate you need.

Realistic timeframes

Change of assessment applications prepared with the evidence they require.

Costs explained up front

Fixed fee for advice and for preparing an agreement.

Family Law Act & Victorian courts

Child Support (Assessment) Act 1989 and Services Australia procedure.

How child support works.

Most child support in Australia is assessed administratively by Services Australia under the Child Support (Assessment) Act 1989. The formula uses each parent's taxable income, a self-support amount, the costs of children table and the percentage of nights each parent cares for the child. Care percentage is the single biggest lever in the calculation.

The formula assumes ordinary circumstances. Where a parent's taxable income does not reflect their real capacity, such as income run through a company or trust, a sudden drop after separation, or significant non-cash benefits, a change of assessment application under one of the prescribed reasons is the correct path. The same process covers high costs of caring for the child, special needs, private school fees agreed between the parents and significant travel costs for contact.

Parents can also step outside the formula by agreement. A limited child support agreement must be at least the assessed rate and can be ended after three years. A binding child support agreement requires both parties to have independent legal advice, can depart from the formula entirely, and is very difficult to set aside, which is exactly why it needs to be prepared carefully.

Lodge your tax returns. If you do not, Services Australia can issue a provisional income or use a default figure, and the resulting assessment is often much worse than the accurate one, while the arrears accrue regardless.

How we help with child support.

Check the assessment is right

Care percentages, incomes, relevant dependants and the assessment period. Errors in care nights are a common reason an assessment is wrong, and they are correctable.

Change of assessment where the formula fails

We help identify the applicable reason, gather the financial evidence and prepare submissions, particularly where income is derived through a company, trust or new business.

Limited and binding agreements

Lump sums, school fees, health insurance and periodic payments documented, with the independent legal advice certificate a binding agreement requires.

Objections and enforcement

Objections to a decision, and advice on collection, departure prohibition orders and recovery of arrears where payments have stopped.

Talk to us if.

  • Your assessment does not reflect the actual care arrangements
  • The other parent's taxable income does not match their lifestyle
  • Income is being drawn through a company or family trust
  • You want private school fees or health cover included
  • You are negotiating a lump sum or property-based child support outcome
  • You have been asked to sign a binding child support agreement
  • Payments have stopped and arrears are building
  • Your circumstances have changed and the assessment has not

Have your assessment notice, the current care arrangement and both parents' income information available. That is usually enough for us to tell you whether it is worth challenging.

How a child support matter runs.

  1. 01

    Review the assessment

    We check the care percentages, incomes and periods used and identify what is actually driving the figure.

  2. 02

    Advice on the path

    Correction, objection, change of assessment or a private agreement, with the likely outcome of each.

  3. 03

    Application or agreement

    We help prepare the change of assessment submissions, or the limited or binding agreement.

  4. 04

    Independent advice certificates

    Binding agreements require each parent to receive independent legal advice and a signed certificate.

  5. 05

    Lodgement and follow-up

    Filed with Services Australia, with objections or enforcement pursued if the outcome is wrong.

Transparent fees.

Advice on an assessment is a fixed fee. Preparing a limited or binding child support agreement is quoted as a fixed fee, as is providing the independent legal advice certificate where the other parent's lawyer has prepared the document. Change of assessment applications are quoted once we have seen the assessment and the financial material.

Request a fixed-fee quote

FAQs

Child support FAQs.

Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.

How is child support calculated?
Services Australia combines both parents' adjusted taxable incomes, subtracts a self-support amount for each, applies the costs of children table for the children's ages, and then allocates that cost according to each parent's income share and care percentage. Care nights materially change the result.
The other parent's income looks too low. What can I do?
Apply for a change of assessment on the ground that the parent's income, property and financial resources do not reflect their capacity to support the child. Company profits, trust distributions, retained earnings, fringe benefits and reduced hours after separation are all relevant, and financial disclosure can be required.
What is the difference between a limited and a binding agreement?
A limited agreement must be at least the administrative assessment amount, does not need legal advice, and can be terminated after three years or if the assessment changes significantly. A binding agreement can be for any amount, requires independent legal advice for both parents, and can generally only be ended by a new agreement or a court order.
Can child support be paid as a lump sum or by paying school fees?
Yes. Non-periodic payments, such as school fees, health insurance, a lump sum credited against the liability, or transferring property, can be built into an agreement or a change of assessment. They need to be documented carefully so the credit is actually recognised.
Does child support stop when the child turns 18?
Generally yes, though an assessment can be extended to the end of the school year in which the child turns 18. Adult child maintenance can be sought separately where the child is completing further education or has a disability.
What happens if payments are not made?
Services Australia has strong collection powers, including deductions from wages and tax refunds and departure prohibition orders. Arrears do not disappear. If you are the payer and cannot meet the assessment, seek a change of assessment rather than simply stopping payment.

Related services.

Children's arrangements

Parenting plans and orders focused on stability for the children.

Learn more

Consent orders

Your agreement formalised through the court so it is final and enforceable.

Learn more

Spousal maintenance

Financial support between former partners where one cannot reasonably meet their own needs.

Learn more

Get the assessment right.

Tell us what has happened and what you need to work out. Start online in a few minutes, or book a consultation and speak to a family lawyer the same business day.

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