Child support is vital to the well-being and financial stability of children whose parents have separated or divorced.
The Australian government has established a comprehensive legal framework for calculating child support payments.
This article attempts to provide what percentage is child support and the applicable laws governing this procedure.
Child Support Legislation in Australia
The Department of Human Services is in charge of administering the Child Support (Assessment) Act 1989, which governs child support in Australia.
This Act specifies the guidelines for calculating child support payments, determining what percentage is child support considering various factors to determine a fair and equitable amount.
Percentage Calculation: What Percentage Is Child Support?
In Australia, the specific percentage used to calculate child support payments is determined by a formula referred to as the Child Support Assessment.
This formula takes into account several factors, including the income of both parents, the number of children, and the degree of care that each parent provides.
Also read: How to Check Your Child Support Payments
How is Child Support Calculated in Australia
Understanding how child support is calculated in Australia is crucial for parents navigating the complexities of family law.
Child support primarily aims to ensure that children receive adequate financial support from both parents following a separation or divorce.
The child support system in Australia uses a formula that considers various factors to determine the support required.
The child support formula considers both parents’ income, the number of children involved, and the time each child spends with each parent.
The income considered for child support includes wages, salaries, business income, and certain government benefits. The formula aims to balance both parents’ financial contributions, ensuring that the child’s needs are met.
One key aspect of the formula is the child support percentage, which is determined based on the number of children and the amount of time they spend with each parent.
This percentage is applied to the parents’ combined income to calculate the child support amount. The system also considers the costs of raising children, which vary depending on their age and needs.
Also read: Does Salary Sacrifice Affect Child Support: Helpful 6-Point Guide
Maximum Child Support Australia
The amount of income that can be used in the child support calculation is limited. This ensures that the child support payments remain reasonable and proportionate to the parents’ financial capabilities.
🔑 Key Takeaway: Child support in Australia is calculated using a formula that considers parents’ income, the number of children, and the time spent with each parent. The system includes a child support percentage and a cap on the maximum income considered, ensuring fair and adequate support for the child.
Special Circumstances:
In certain situations, the standard Child Support Assessment formula may not accurately reflect the children’s or parents’ needs and circumstances.
In such instances, the parents may submit a request for a deviation from the formula or seek additional assistance through a distinct assessment procedure.
Considerations Related to Shared Care:
When both parents share the child’s care nearly equally, child support is calculated differently.
In such situations, the formula takes into account the expenditures incurred by both parents and calculates the difference between the two amounts.
Typically, the parent with the greater income will be required to make a payment based on this disparity.
How Income and Care Levels Affect Your Child Support Percentage
If you’re trying to estimate what you might owe — or receive — in child support, it’s important to understand that the system doesn’t use a fixed flat rate. Instead, the percentage applied to your income depends on two key variables: how much time your child spends with each parent, and the respective incomes of both parents.
Let’s break that down:
- Income Shares: The first step in calculating child support is determining each parent’s adjusted taxable income. This includes not only your salary or wages but also other forms of income like dividends, business income, and some government payments. The total income is combined and then each parent’s percentage share of that total is calculated.
- Cost of Children: The government uses research-based estimates to calculate the costs of raising children based on their age and number. This isn’t a fixed number either — a couple with two teenagers will have a different expected cost than one with a single toddler.
- Care Percentage: Your percentage of care — based on how many nights the child spends with you — affects the final amount. If you care for your child more than 35% of the time, you’ll receive a credit that reduces how much you owe (or increases what you receive).
For example, if your child spends roughly equal time with both parents but your income is significantly higher than your co-parent’s, you may still be required to pay child support to balance the child’s financial environment across both households.
It’s worth noting that this system aims to balance contributions fairly, not penalise either parent. However, it can be complicated — especially if care arrangements are informal or income levels fluctuate.
Key takeaway: Your child support amount is not based on a fixed percentage — it’s calculated using your share of total income and care, along with the government’s estimate of what children cost at different ages.
Common Misunderstandings About Child Support Percentages
Many parents approach child support with preconceived ideas about how the system works. Some believe there’s a set percentage of income to be paid regardless of circumstances, while others think that if they share care equally, no payments will be required. In reality, the system is more nuanced.
Here are a few common misconceptions and the truth behind them:
- Myth: Child support is always 18% of my income: There is no fixed 18% rule in Australia’s child support scheme. The formula is dynamic and considers many factors, including the number of children and your co-parent’s financial contribution.
- Myth: If we share care 50/50, no one pays child support: Shared care doesn’t necessarily cancel out payments. If there’s a significant difference in incomes, the higher-earning parent may still need to make contributions.
- Myth: I can avoid paying child support by resigning or reducing my income: Intentionally reducing income to avoid child support may lead to intervention by Services Australia. They can make a “reasonable earning capacity” assessment, meaning your payments might be based on what you should be earning.
- Myth: The system is rigid and can’t be challenged: You have the right to request a reassessment if your circumstances change or if the original calculation doesn’t reflect special needs, high expenses, or care changes.
Understanding the rules helps you engage with the system confidently and avoid frustration down the track.
Key takeaway: The Australian child support system uses a flexible formula based on income and care — understanding the facts can help you avoid common misconceptions and better navigate your financial obligations.
Assisting Our Clients: What Percentage Is Child Support
As a family law firm, we recently assisted Ben with the Australian child support calculation procedure.
The client, a devoted parent, requested our counsel to ensure that their child support payments were determined fairly as he was not aware of what percentage is child support.
We meticulously reviewed the client’s financial information, including income and assets, and examined the Child Support (Assessment) Act of 1989 to comprehend the calculation formula.
We analysed Ben’s unique circumstances, taking into account the number of children and the care provided by each parent.
We guided the client through the procedure with our expertise, explaining each step and addressing their concerns.
We ensured that the child support assessment was conducted accurately, providing the client with a thorough understanding of their financial obligations and calculations.
Our firm found it rewarding to observe the client’s relief and gratification upon gaining clarity regarding their child support obligations.
We take pride in assisting families in navigating these crucial matters, always aiming for just outcomes.
Our lawyers are committed to assisting clients with child custody matters, ensuring that their obligations are determined accurately and fairly.
By leveraging our knowledge and experience, we aim to alleviate anxiety and bring clarity to these frequently intricate legal proceedings.
Child Support and Your Child’s Best Interests
Australia’s child support laws are intended to ensure that children continue to receive adequate financial support from both parents, even after separation or divorce.
The percentage of child support is calculated using a formula that considers the incomes of both parents, the level of care provided, and the number of children involved.
Parents must comprehend these laws to fulfil their financial obligations and provide for their children’s well-being.
If you require additional specific information or direction, you should consult a legal professional or contact the Department of Human Services for assistance.
Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.
