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Commonwealth act
This law sets up Australia's child support system — the framework that determines how much money a parent who doesn't live with their child must pay to help support that child financially.
1. Establishes the duty to pay Both parents have a legal obligation to financially support their children. This duty is a top priority — it comes before almost every other financial commitment a parent has (except keeping themselves alive and supporting other children they're responsible for).
2. Sets up a formula-based calculation system Rather than going to court, parents can apply to the Child Support Registrar (a government official) to calculate how much support should be paid. The formula considers:
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Direct links to the current provisions in Child Support (Assessment) Act 1989.
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View on official registerSourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
3. Defines "care" in precise terms
4. Allows private agreements Parents can make their own arrangements (child support agreements) instead of using the formula — either "binding" agreements (locked in, hard to change) or "limited" agreements (more flexible). The Registrar must accept these if they meet the rules.
5. Covers when payments stop ("terminating events") Payments automatically stop when, for example:
6. Handles international situations If a parent lives overseas in a country that has a maintenance agreement with Australia (called a "reciprocating jurisdiction"), the system can still work across borders.
7. Covers all types of families The definition of "parent" includes adoptive parents, parents through IVF or other assisted reproduction, and parents through surrogacy arrangements. It covers married couples, de facto couples, and same-sex couples.
Parents can seek a review through the Administrative Review Tribunal (a government body that reviews official decisions) or, in more serious cases, go to the Federal Circuit and Family Court of Australia.
Due to constitutional quirks, Western Australia has a slightly different version of this law applying to children whose parents were never married. If the Commonwealth amends the Act, WA may remain on the old version until it formally agrees to the change — meaning two slightly different versions can exist simultaneously.
If you're a separated parent in Australia, this law almost certainly affects you. It determines whether you pay child support, how much, and for how long — all through an administrative process designed to avoid the cost and stress of going to court.