Uncommon Questions - Child Support

In this week’s blog we are looking at two uncommon questions about child support.

Is child support paid if a child is employed?

Child support is given to help cover your child’s necessities of life including a home, food, clothing, essential needs and transport. When your child receives money from employment, their money should be for recreational spending, and they should not be expected to raise themselves.

A child will not likely work a full-time job of 40 hours a week and therefore will only earn a minimal wage. Most Awards will also have a lower hourly rate of pay for children under the age of 18. This makes it unlikely that a child will be able to earn a high enough income to pay for all necessities of life on their own/

If a child does earn a high enough wage, Child Support can be reviewed on the grounds that “The assessment is unjust and inequitable because of the income, earning capacity, property and financial resources of the child”. Generally, the child support assessment provisions do not include a child’s personal income into the amount calculated for a parent to provide child support payments.

Child Support will normally cease after the child reaches 18 years of age unless they are still enrolled and attending school for which a parent can apply for child maintenance.

What is the difference between Child Support and Child Maintenance?

Child Support is when a mother and/or father pay for a child under the age of 18 whereas Child Maintenance is paid for children who are over the age of 18 and are somewhat independent.

Child Maintenance can be applied for when the child turns 18 years of age whilst they are still at school so they are able to complete their education. For example, if a child turns 18 in March of their final year of school, then you can apply for child maintenance from March until the end of that year.

Parents can also apply for child maintenance if a child has a physical or mental disability to help support their care and financial needs.

Where can I get further information?

If you would like further information regarding Child Support or Child Maintenance at the Service Australia Website.

Please note: the information in this article is general in nature and is not legal advice. For specific advice about your circumstances, contact us to make an appointment with one of our solicitors