Child support in Australia is calculated by Services Australia using a formula that considers each parent's income (after deductions), the percentage of care each provides, the children's ages, and other dependents, determining how much the parent with less care time pays the parent with more care time, with payments covering the costs of raising children based on income. The process involves finding each parent's "child support income," combining them, then applying care percentages and legislated costs tables to find the final payment amount.
In Australia, how much a father pays for child support depends on both parents' incomes, the child's age, and the care arrangements, calculated by Services Australia's formula, which considers the Cost of Children Table, parents' adjusted taxable incomes, and percentage of care, with higher incomes and less care generally leading to higher payments, though a minimum rate applies.
We add both parents' incomes to work out a combined child support income. We work out each parent's income percentage by dividing each income by the combined total. We calculate each parent's percentage of care. We work out each parent's cost percentage using the Care and Cost table.
While having 50/50 custody or care does suggest equal responsibility for child care, it doesn't necessarily mean that no child support is payable. Even when both parents share care equally, child support payments can still occur if there's a difference between the income of each parent.
The biggest mistake in a custody battle is losing sight of the child's best interests by prioritizing parental conflict, anger, or revenge, which courts view very negatively. This often manifests as bad-mouthing the other parent, alienating the child, refusing to cooperate, or involving the child in disputes, all of which signal poor co-parenting and harm the case.
While joint custody has gained recognition as being beneficial for children after divorce or separation, attaining a 50/50 split might be challenging for fathers due to prevailing societal norms and practical considerations that courts must take into account when determining custodial arrangements.
No, a father generally cannot simply refuse to pay child support in Australia; it's a legal obligation, and failing to pay leads to serious enforcement actions like wage deductions, tax refund intercepts, asset seizure, or even travel bans by Services Australia. While you can apply for reassessments or payment plans if you genuinely can't pay, refusing payment will result in the government taking action to recover the debt.
There isn't a universal "minimum" child support payment; it depends heavily on your country and specific circumstances, but often involves low-income payers contributing a set minimum (e.g., around $500+ annually in Australia for low earners) if their calculated amount is less, or if they don't have regular care, while private agreements allow parents to set their own amount. The actual minimum is determined by government agencies (like Services Australia) based on income, care arrangements, and child age, with higher care reducing or eliminating the payment.
They get a court order to garnish your child support by any means necessary. They can search and freeze any and all assets and accounts to do it.
Because the formula is based on each parent's adjusted taxable income, a means to lawfully reduce payments is to reduce taxable income by strategies such as:
Maximum rate for FTB Part A for each (fortnightly payment):
$222.04 for a child 0 to 12 years. $288.82 for a child 13 to 15 years. $288.82 for a child 16 to 19 years who meets the study requirements $71.26 for a child 0 to 19 years in an approved care organisation.
Some of the more common exclusions are: Private or independent school fees: Standard child support does not cover tuition, camp, uniforms and books unless parents make a formal agreement to share these costs. Extracurricular activities: Costs for sport, music lessons, clubs or holiday camps are typically excluded.
Starting from January 1, 2023, if the combined income of the parties exceeds $206,310, the maximum child support amount to be divided between them for children aged 12 years and below is as follows: $25,169 for one child. $39,198 for two children. $49,515 for three children.
The garnishment law allows up to 50% of a worker's disposable earnings to be garnished for these purposes if the worker is supporting another spouse or child, or up to 60% if the worker is not.
If you receive child support or spousal support
You don't pay tax on child support and spousal support you receive. This means you don't have to report them in your tax return. If you get other payments from us you may need to report them if they're taxable.
By law, both parents must support their children
This money is to help pay for the children's living expenses. Usually, child support is paid to the person primarily caring for the children. But, there may be exceptions based on how much each parent earns.
In Australia, your $100k income means you'll pay child support based on a formula involving both parents' incomes, the number/ages of children, and care arrangements, typically using the Child Support Estimator on Services Australia's website. For a combined income around $100k, your payment will likely involve a base amount plus a percentage of income over a threshold (e.g., $14,324 + 12c for income over $89,523 for one child), but it's complex and depends heavily on the other parent's income and care time.
No, a mother generally cannot unilaterally stop a father from seeing a child in Australia; the law prioritizes the child's right to a relationship with both parents, but a mother can apply to the Family Court to restrict access if there's an unacceptable risk of harm (physical, sexual, emotional abuse, neglect, substance abuse) to the child, requiring court orders and evidence, as denying access without a court order can have serious legal consequences.
"70/30 parenting" refers to a child custody arrangement where one parent has the child for about 70% of the time (the primary parent) and the other parent has them for 30% (often weekends and some mid-week time), creating a stable "home base" while allowing the non-primary parent significant, meaningful involvement, but it also requires strong communication and coordination to manage schedules, school events, and disagreements effectively.
Bad Co-Parenting Hurts Your Custody Case
Still, full custody for fathers is far less common than full custody for mothers. Whether this is due to bias against fathers is a hotly debated topic. Overall, many courts prefer awarding joint custody to both parents. Custody cases don't change much when two dads are at odds.
The "9-minute rule" in parenting, or the 9-Minute Theory, suggests that focusing on three specific 3-minute windows each day creates significant connection and security for children: the first three minutes after they wake up, the three minutes after they return from school/daycare, and the last three minutes before sleep, emphasizing distraction-free, quality time to boost well-being and reduce parental guilt.
The most common examples are gifted and inherited assets. Money or property given to one spouse as a gift, or received through an inheritance, is generally considered separate property and cannot be touched in a divorce, as long as it has been kept separate.
The 3 C's of divorce are typically Communication, Compromise, and Cooperation, principles that help divorcing couples, especially those with children, navigate the process more smoothly by focusing on respectful dialogue, finding middle grounds, and working together for the children's well-being. Applying these fosters less conflict and better outcomes, prioritizing the children's welfare over past grievances.