Child Support in New South Wales
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
In Australia, child support is managed under the Child Support (Assessment) Act 1989 and administered by Services Australia (Child Support). Both parents have a legal obligation to financially support their children.
The amount of child support is calculated using a formula based on each parent's taxable income, the cost of raising children (set by government tables), the percentage of care each parent provides, and the number of children. Parents with higher income pay more. Parents who provide more than 35% of care receive a reduction in the amount they pay.
The assessment uses each parent's adjusted taxable income minus a self-support amount (currently tied to one-third of the male total average weekly earnings). This ensures each parent can meet their own basic living costs before contributing to child support.
Parents can manage child support through Services Australia (Child Support) for assessment and collection, or make a private arrangement. They can also agree on a different amount through a binding child support agreement or a limited child support agreement. Child support generally continues until the child turns 18 or finishes secondary school (whichever is later, up to the end of the school year they turn 18).
When does it apply?
Child support applies when:
- Parents are separated (whether they were married, de facto, or never in a relationship).
- A child is under 18 years old (or still in secondary school in the year they turn 18).
- The child is a citizen or resident of Australia, or at least one parent is an Australian resident.
- Either parent can apply for an assessment through Services Australia.
What to Do If Child Support Is Not Being Paid in Australia
- Apply for a child support assessment through Services Australia (Child Support) — you can do this online or by phone.
- Choose collection method — Services Australia can collect from the other parent's wages ("collect" arrangement) or you can collect privately ("private collect").
- Keep your income details up to date — if your income changes significantly, notify Services Australia for a new assessment.
- Apply for a change of assessment if there are special circumstances — for example, high costs for a child with a disability or high contact costs due to distance.
- Consider a binding or limited agreement if you and the other parent can agree on a fair amount.
What should you NOT do?
- Don't refuse to pay — Services Australia has strong enforcement powers including tax refund interception, departure prohibition orders, and court enforcement.
- Don't underreport income — Services Australia can investigate and use amended assessments based on estimated income.
- Don't link child support to parenting time — paying or not paying child support does not affect your right to see your child, and vice versa.
- Don't ignore a child support assessment — arrears accumulate and can be recovered even years later.
How New South Wales differs from federal law
Child support in Australia is administered by Services Australia (Child Support) under the Child Support (Assessment) Act 1989 (Cth). The scheme is national, but NSW has the highest caseload.
- Child support is calculated using a formula that considers each parent's income, the number of children, the cost of the children, and the care percentage (how much time each parent has the children). The formula aims to reflect what parents would spend on their children if the family were still together.
- Parents can opt for a private arrangement (collecting directly between themselves) or use Services Australia Child Support collect, where the agency collects from the paying parent and distributes to the receiving parent.
- If the formula assessment does not reflect the true circumstances, either parent can apply for a Change of Assessment (COA) — Services Australia considers 10 specified reasons for departure from the formula, including high costs of contact with children (relevant for parents separated by distance in NSW).
- Court orders or binding child support agreements can override the formula assessment. These should be drafted with legal advice.
Additional Steps in New South Wales
Apply for a child support assessment through Services Australia (servicesaustralia.gov.au/child-support). For disputes, apply for a COA or object to a decision. Appeals go to the Social Security Appeals Tribunal (SSAT) and then the FCFCOA. Free legal advice from Legal Aid NSW or community legal centres.
Relevant Law: Child Support (Assessment) Act 1989 (Cth); Child Support (Registration and Collection) Act 1988 (Cth)
Common Questions
When does child support apply?
Child support applies when:Parents are separated (whether they were married, de facto, or never in a relationship).A child is under 18 years old (or still in secondary school in the year they turn 18).The child is a citizen or resident of Australia, or at least one parent is an Australian resident.Either parent can apply for an assessment through Services Australia.
What should I do if the other parent is not paying child support in Australia?
Apply for a child support assessment through Services Australia (Child Support) — you can do this online or by phone.Choose collection method — Services Australia can collect from the other parent's wages ("collect" arrangement) or you can collect privately ("private collect").Keep your income details up to date — if your income changes significantly, notify Services Australia for a new assessment.Apply for a change of assessment if there are special circumstances — for example, high costs for a child with a disability or high contact costs due to distance.Consider a bindin...
What mistakes should I avoid with child support?
Don't refuse to pay — Services Australia has strong enforcement powers including tax refund interception, departure prohibition orders, and court enforcement.Don't underreport income — Services Australia can investigate and use amended assessments based on estimated income.Don't link child support to parenting time — paying or not paying child support does not affect your right to see your child, and vice versa.Don't ignore a child support assessment — arrears accumulate and can be recovered even years later.
Child Support in other states
Same topic, different jurisdiction. Pick the one that applies to you.