In Australia, the education of our youth is a top priority. However, the high school dropout rate remains a concern, with approximately 21% of students not completing Year 12 or an equivalent qualification. This statistic raises important questions for separated parents about their ongoing child support obligations, especially if their child leaves school early.
Generally, child support payments continue until a child turns 18 or completes their secondary education if they turn 18 during their final school year. But what happens if your child suddenly drops out of school? Does this mean you can stop paying child support altogether?
While the general rule is that payments must continue until a child turns 18, there are certain circumstances under which child support obligations may change or cease. In such cases, it is crucial to seek professional advice to navigate the complexities involved.
Our child custody lawyers Sydney team at Unified Lawyers specialise in this area and can assist you in understanding your rights and options. We provide expert legal guidance to ensure that any adjustments to your child support arrangements are handled smoothly and effectively.
Let's explore these situations and what they mean for parents.
Do You Have to Pay Child Support if Your Child Drops Out of School?
If your child leaves school before 18 and starts working, this alone doesn't justify ceasing child support payments. However, the paying parent can apply to Services Australia for a change of assessment based on the child's income and financial resources.
For children pursuing higher education or apprenticeships, child support obligations typically end at 18. However, parents may still have financial responsibilities through what's known as "adult child maintenance".
This can apply if the child is pursuing tertiary education or unable to support themselves due to a physical or mental disability.
Changes That May Lead to Stopping Child Support Payments
Child support obligations can end due to changes related to:
The Child:
- Turning 18 (unless still in secondary education)
- Marrying or entering a de facto relationship
- Being adopted by someone else
- Passing away
- No longer being an Australian resident or citizen (with some exceptions)
Care of the Child:
- A significant change in care arrangements (e.g., if a parent stops having at least 35% care)
- Both parents having less than 35% care and no non-parent carer being entitled to receive support.
Parental Changes:
- The Child Support Agency accept an application to end child support
- Death of a parent (if no non-parent carer is entitled to receive support)
- The parties enter into a Binding Child Support Agreement which is submitted and accepted by the Child Support Agency
- Parents reconciling for 6 months or more
- Both parents ceasing to be Australian residents
Please see our valuable resource on our website for more information: when do you stop paying child support.
How to Apply for Changes in Child Support Circumstances
If your circumstances change, you can apply for a reassessment of child support through Services Australia.
You'll need to provide evidence of the change in circumstances. The Child Support Assessment Application form can be found on the Services Australia website.
Here's a step-by-step guide on how to proceed:
1. Identify the Change in Circumstances:
Determine what has changed in your situation that warrants a reassessment. Common changes include changes in income, employment status, living arrangements, or additional dependents.
2. Gather Necessary Evidence:
Collect all relevant documents that support your claim. This may include payslips, tax returns, letters from employers, proof of new living arrangements, or birth certificates for new dependents.
3. Complete the Child Support Assessment Application Form:
Visit the Services Australia website and locate the Child Support Assessment Application form. Make sure you fill out all required fields accurately.
4. Submit Your Application:
You can submit your application and supporting documents online through your MyGov account linked to Services Australia.
Alternatively, you can mail the completed form and evidence to the address provided on the Services Australia website.
5. Contact Unified Lawyers:
Our lawyers can give you legal advice and assistance with your application. At Unified Lawyers our family law firm can help ensure that your application is thorough and precise.
To schedule a consultation, please visit our website at Unified Lawyers or call us directly.
6. Contact Services Australia:
If you need assistance with the application process, you can contact Services Australia directly. They offer support through phone, email, and in-person consultations. Visit the Services Australia contact page for details.
7. Await Assessment Outcome:
Once your application is submitted, Services Australia will review your case and assess the new child support amount. This process may take several weeks.
You will be notified of the outcome in writing.
8. Review and Appeal (if necessary):
If you disagree with the reassessment outcome, you have the right to request a review or lodge an appeal. Information on how to do this can be found on the Services Australia website.
Additional Resources
- Family Relationship Advice Line – For additional support and guidance
By taking these actions and using the resources that are available, you can make sure that your child support assessment appropriately represents your current situation.
Consequences of Not Paying Child Support
Failing to pay child support can have serious consequences. Services Australia has various enforcement powers, including:
- Deducting payments from your salary or wages
- Intercepting tax refunds
- Preventing you from leaving Australia
For further information on what to do if your ex-partner is not paying child support, you might find this resource valuable.
Maintaining Child Support After Your Child Turns 18
While child support typically ends at 18, there are circumstances where it may continue. This is known as "adult child maintenance" and can apply if the child is:
- Is completing their secondary education
- Has a disability that prevents self-support
- Is pursuing tertiary education and unable to support themselves financially
Applications for adult child maintenance must be made before the child turns 18 and can be initiated by either the parent or the child themselves.
You can find more resources and information on child support and maintenance for different states within Australia.
Resources:
NSW: Legal Aid child support and maintenance
QLD: Legal Aid Queensland child support and maintenance
VIC: Legal Aid Victoria child support and maintenance payments
How Unified Lawyers Can Help with Child Support Payments
Navigating the complexities of child support can be challenging. At Unified Lawyers, we specialise in family law and can provide expert guidance on your rights and obligations regarding child support.
Our team can assist with:
- Understanding your child support obligations
- Applying for changes in assessment
- Negotiating child support agreements
- Representing you in disputes or appeals
One of the most important things in securing the welfare of children after divorce is paying child support. Despite their apparent complexity, the guidelines are meant to offer equitable support according to the particular circumstances of every family. You can make sure you're fulfilling your commitments and safeguarding your interests by being aware of your rights and responsibilities.
A child's best interests should always come first when deciding how much child support to give. If you have any questions concerning your circumstances, don't be afraid to seek expert legal counsel by getting in touch with our family lawyers today.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.