If you’re a parent who pays child support, or if you’re contemplating separation, you’re not alone in questioning when child support ends in Australia. Here’s what you need to know.
WHAT IS CHILD SUPPORT?
Child support is money intended to help pay for a child’s expenses. It doesn’t matter if someone receives a child support payment and uses it to pay the rent or buy groceries that will feed other people in the house – it’s a contribution to the family’s money that helps keep the child’s standard of living intact.
WHEN DOES CHILD SUPPORT END IN AUSTRALIA?
In Australia, the amount of child support payable, and to whom, is dependent on each parent’s income and the time the children are in each parent’s care. Generally, child support is payable until the child reaches 18 years of age – but there are some circumstances in which the paying parent continues to pay child support after that time. An example is, a paying parent must continue to pay if the child hasn’t completed high school and still lives at home with the receiving parent, or if there is a child who suffers from an intellectual or physical disability, however for this, the parent must apply for child support to continue before the child’s 18th birthday.
CAN CHILD SUPPORT END EARLY?
In some cases, child support can end early. Those circumstances include when the child:
- The child reaches 18 years of age.
- If the receiving parent consents to stop receiving child support payments. This option may not be available if the receiving parent receives a Centrelink benefit.
- If the child:
- dies;
- gets married or enters into a de facto relationship;
- is adopted;
- is no longer either resident in Australia, ordinarily in Australia or an Australian citizen (and there is no international maintenance arrangement that applies);
- if the paying parent moves to a country not included in an international Child Support Agreement with Australia;
- if the child is no longer in the care of either parent;
- if the parents reconcile their relationship and are parents for at least six months; or
- if either parent dies.
DO CHILD SUPPORT PAYMENTS HAVE TO END WHEN A CHILD REACHES 18 YEARS OF AGE?
Parents can reach an agreement to pay child support for as long as they want to (as long as the child has reached the age of 18 years or meets one of the other requirements required to cease payments.).
Because Australia doesn’t automatically require child support to continue past the age of 18, even in cases of children with special needs, many parents do agree to continue support for longer. There’s nothing to stop you from doing so, as well, if it’s necessary in your case. The important thing is that you must both agree.
DO YOU HAVE TO AGREE ON A CHILD SUPPORT AMOUNT?
Australia has specific provisions on how much money a liable parent has to pay for the care of his or her children. Under Australian law, the amount of child support payable is assessed by the Child Support Agency and is dependent on both parents income and the care percentage of each parent.
If one parent doesn’t want to pay child support, that parent is most likely out of luck. The Australian law recognises that both parents are required to provide for their children.
If you wish to agree on a specific amount of child support and contract out of the assessed amount of child support, parties can enter into a Binding Child Support Agreement or Limited Child Support Agreement. Both parties must agree and have independent legal advice.
DO YOU NEED TO TALK TO A LAWYER?
If you need to talk to a lawyer about when child support stops in Australia or what you may be required to pay (or receive), we can help.
Call us today on 1300 414 855 or get in touch with us online at tarryn@gfclaw.com.au to arrange a consultation.