Areas of law
Child Support
When people separate and there are children from that relationship, both parents are required to support the children financially, regardless of where the children live.
If parents prefer, they can reach a private agreement regarding the amount of child support to be paid.
Otherwise, one parent may apply to the Child Support Agency for an impartial assessment. The CSA helps parents to determine an appropriate level of child support for children under 18 years of age. They can also assist with the transfer of payments between parents if required.
To determine support payments, the CSA uses a complex formula which considers:
- both parents’ income,
- the time each parent spends caring for the children, and
- the general costs associated with raising the children.
If you disagree with an assessment issued by the CSA, you can apply to challenge it. Reasons for challenging an assessment may include:
- A parent who incurs high costs to spend time with, or to communicate with, their child.
- A child with special needs, such as medical expenses, elite sports coaching, or special needs education.
- A parent who incurs high costs for educating their child, such as paying private school fees.
- A child who earns an income and contributes to their own support.
- Money, goods or property received by a child, a parent, or third party.
- A parent who incurs a high cost of child care, if the child was younger than 12 when the child support period started.
- The necessary financial commitments for a parent to adequately support themselves.
- A parent whose personal choices affect their income or earning capacity, such working reduced hours or changing jobs. This excludes changes to work because of caring responsibilities or health concerns.
- A parent whose personal choices affect their income or earning capacity, such working reduced hours or changing jobs. This excludes changes to work because of caring responsibilities or health concerns.
- A parent who has a significantly reduced capacity to support another child because they already maintain a child who lives with them.