Loading...

My child has an income – does that affect child support payments?

29 March 2021

The Child Support Agency (‘Services Australia’) is responsible for the assessment, collection and transfer of child support payments. A formula is used to calculate the amount to be paid but it doesn’t take in to account income the child receives. So, what happens then?

A parent or carer can apply to Services Australia for an “administrative assessment” to determine the amount of child support payable.

Children under 18 years:

That assessment is calculated using a formula, which applies only to children under 18 years of age, and relies on the following information:

  • Each parent’s income
  • Each parent’s percentage of care – or time with the children – and;
  • The costs of each child, based on research and taking into account the fact that older children cost more

The formula does not take into account the child’s personal income when calculating the rate of child support payable.

However, a parent can apply to vary the assessment in certain circumstances, including taking into account the income, earning capacity, property and financial resources of the child, as well as any assets held for the benefit of the child.

Generally the court will not be satisfied that a child’s income is high enough to warrant a change to the assessment unless that income is regular and exceeds the equivalent of the maximum rate of Youth Allowance payable to a child under 18 years of age living at home.

A child would need to earn at least $345.10 per week for the amount to be considered so significant as to be capable of affecting an assessment and there are very few teenagers making that kind of money.

Adult child maintenance

In most situations once a child turns 18 years, they are outside the Child Support Agency assessment system. But in those situations, it is still possible for the court to order a Child Maintenance payment be made. The court can make an order for adult child maintenance in relation to a child who is 18 years or over, to enable the child to complete his or her education, or because of a mental or physical disability of the child. In doing so, the court must consider the income, earning capacity, property and financial resources of the child. Any entitlement of the child to an income tested pension, allowance, or benefit from the government does not count.

In a recent case, the court considered the amount of child maintenance a father was liable to pay for his 21-year-old daughter, who was studying at university and working in a paid internship.

She was occupied in the internship for one or two days a week, depending on her university course work, but the internship did not continue during university holidays. When working, she was employed for 7 to 8 hours per day at $20/hour.

The court found that she could contribute up to $320 per week during the university term and that she had the capacity for other alternative part-time or holiday employment if the internship stopped. As her work was not continuous and not consistently two days a week, the court found that she could and should contribute at least an average of $200 per week to her own needs, which was subsequently deducted from her parent’s contribution.

If you have a question about child maintenance, or any other kind of family law matter, please contact our office on: (07) 3221 4300 or email: [email protected] The experts here at Michael Lynch Family Lawyers can offer tailored advice for your situation.

Image accompanying 'My child has income - does that affect child support payments?'
2021-09-29T11:42:47+10:00

Client Testimonials

Thank you for helping me through this difficult time. You have been caring, compassionate and efficient. Some of my divorcing friends have not been so fortunate. In my mind, you are the best family lawyer in Brisbane. If anyone I know needs a good family lawyer, I will tell them to speak to you. Thanks again.

B.T., Clayfield

Many thanks to Stephanie for her help and support through this time, I was incredibly impressed with her work.

L.K., North Lakes
A personalised and professional service. Information has been clear and provided timely to assist my decision-making.
S.S., Hamilton

Thank you Debra for all the work you did for me, you both made the process manageable and brought sense to the chaos.

R.B., Toowong
May I take this opportunity to express my gratitude to you and your staff for the excellent professional services I received. In a word, priceless.
D.H., Hendra
My lawyer acted with professionalism in all her dealings with me and with the lawyer on the other side. I was always kept in the loop. I liked her approach. Thanks.
D.S., Coorparoo

My solicitor is a good listener. My documentation maintained the high moral ground.

S.S., Hamilton
I was guided through a really difficult time with expertise of Michael Lynch Family Lawyers. I am more than happy with the outcome of mediation.
J.H., Windaroo

My lawyer has been an amazing help through this stressful time. I will remember her help for the rest of my life. Thank you.

J.H., Brisbane
Your newsletters are great, I appreciate them.
K.B., Carina
I liked my solicitor keeping things as simple as possible.
S.M., Clayfield
I really appreciated the happiness of your secretarial staff.
G.C., Clayfield

At Michael Lynch Family Lawyers I got professional and ‘no-nonsense’ advice, costs were within quoted amounts and my matter was resolved quickly – well done!

L.R., Ascot
Thank you for the great newsletter. Your article on “Coping with Christmas” is brilliant – clear, caring and helpful. Thanks again!
C.T., Bribie Island

After utilising the mediation services team recommended by your organisation, my ex-partner and I were able to reach some interim agreements about parenting. I am incredibly grateful for the advice provided by Debra Effeney; and found your firm’s services to be exceptionally professional. If we needed to consult a family lawyer in the future, we would have no hesitation in reconnecting with your firm.

K.M., Paddington
So pleased to have had a good, sound and knowledgeable firm.
C.W., Brookfield
Amy’s work was extremely professional but above all she has a manner and wisdom in dealing with people under stress. I will be recommending your firm to anyone that requires assistance.
K.H., Augustine Heights

Thank you, you kept me sane in a difficult situation and gave me the encouragement and the confidence to keep going. You made me feel extremely comfortable.

A.M., Chambers Flat
Michael Lynch Family Lawyers have really listened to me. I felt confident my case was handled well. The law has changed recently, and I did not feel that a previous law practice I spoke to was suitably up-to-date.
P.B., Carindale
I like your friendly service and the ability to speak to my solicitor directly.
R.G., Wishart
My family lawyer was very helpful in assisting me to combat a very ugly situation without stooping to the low levels that the other solicitor attempted to take us.
M.J., Manly
Lovely to deal with and provides a balanced view in what are very difficult circumstances.
A.C., Morningside
The professionalism and reliability delivered by Amy Honan was fantastic. I had an urgent matter around my property sale and Amy offered to provide assistance over a weekend if I required it – that’s above and beyond!
E.F., Nundah
My solicitor provided a personalised service, prompt and quick responses and cost information prior to my commitment.
G.C., Southport
I always felt that the service provided by Michael Lynch Family Lawyers was of a high standard. Each time, after appointments I came away feeling secure. Keep doing what you are and maintain the ‘family feel’ that permeates your services.
C.W., Brookfield

Michael Lynch Family Lawyers are easy to deal with, and your systems are good.

D.T., Ferny Grove
I appreciate you being upfront with fee estimates. You also have a fantastic website and the seminars REALLY helped to get me focussed.
T.C., Tarragindi

We had such a positive experience with Michael Lynch Family Lawyers, and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. Our lawyer took what was such a stressful and emotional time for our family, and made the process feel so smooth and seamless.

N.B., Brisbane

I just wanted to get in touch to say thanks for helping me get through my custody and settlement. Thanks again to you and your staff. You have had a significant positive impact in my kids’ lives!

B.S., Brisbane

I was always confident that I was getting the very best advice.

T.S., Flinders
Michael is very personable and very good at covering the material and explaining the strategy.
J.O., Hawthorne
Thank you for your ongoing conciliatory approach in this matter and as always I appreciate your level headed advice. I certainly feel that I ended up with the right Solicitor.
S.C., Nundah

You, guys, provide extraordinary service.

A.O., North Brisbane

Your staff is knowledgeable, professional and very calm.

A.C., Helensvale

I was very impressed with the initial interview. Everything was well-explained, and the advice was honest about what I should expect.

C.M., Morningside
Thank you for the outstanding legal advice you have provided and professionalism in which you conduct yourself. I am truly thankful that it was you who represented me.
M.T., Stafford
Thank you, you placed my needs first, you were aware of the need to reach a final result and not get caught up in the personal issues of the other party.
S.L., Moranbah
I like that my lawyer treated me like a friend and kept jargon to a minimum. She was easy to contact and kept me informed.
L.R., Samford

My lawyer was the most knowledgeable of all lawyers I spoke to when looking for a lawyer. Michael Lynch Family Lawyers showed professionalism.

R.R., Brighton
Thank you for providing me with a professional yet empathetic approach to gain the best outcome for me. My solicitor was excellent in explaining the processes and in representing me in Court. You have great customer service!
T.V., Everton Park
Michael Lynch Family Lawyers always gave me competent and knowledgeable advice. I was consistently kept up to date. The meetings and phone calls were kept business-like, yet caring and thoughtful of my emotional state at the time. Thank you.
J.S., Holland Park
The staff at Michael Lynch Family Lawyers were great. Everyone was fantastic, professional, understanding, caring and always communicated with me. I knew I was in good hands.
A.A., Eatons Hill

Thank you for being very personable, professional and always providing me with the most appropriate advice in my times of difficulty. The other party’s lawyers were extremely aggressive, while Michael Lynch Family Lawyers remained calm and professional.

S.D., Parkinson

I really liked the personable service by Michael Lynch Family Lawyers, the simple plain language you adopt and everyone’s patience.

A.O., Kedron
Amy, thank you for all that you have done during this matter. You impressed me with your professionalism from our initial meeting, and you have proven beyond doubt, to have had the skills and knowledge required. You are a credit to the company, and I would highly recommend you to anyone in a similar situation.
R.P., Cleveland
Your team is professional, warm, friendly and real.
N.R., Crows Nest
I was impressed by my solicitor’s attention to detail and her concern for me, and that the process was explained to me and that I understood it at all times.
B.W., Chapel Hill
If I need a family lawyer in the future I’ll be heading to Michael Lynch Family Lawyers again.
C.W., Brookfield

I have appreciated the way that you and the staff at your firm have handled my situation. I would especially like to mention the professional and caring way my lawyer conducted my case, I am deeply grateful and extremely happy with the results. I will be referring others to your service.

J.H., Wellington Point
Many thanks for your assistance – life is now great – I’m moving on.
J.K., Mansfield

I’m very glad ‘Michael Lynch Family Lawyers’ is my lawyer and not the other side’s solicitor.

S.S., Hamilton

Michael Lynch Family Lawyers know what they are talking about.

R.M., Warwick
Your team’s communication with me was exceptional, I knew exactly what was happening.
A.A., Eatons Hill
Amy, thanks very much to you and your team. Throughout my dealings with MLFL I have been continually impressed with your level of professionalism and, in particular, your understanding of circumstances and the articulate way you conduct yourself. I was completely satisfied with today’s outcome and without your experience and expertise in family law I doubt that the result would have been achieved.
M.R., West End

I would like to thank your firm for the support and compassion shown while dealing with my matter.

C.M., Brisbane

Thank you very much to everyone at Michael Lynch Family Lawyers. Thank you for helping me get my life back and make a fresh start. To have that fresh start without fear and anxiety is priceless.

A.A., Perth
I appreciate my lawyer’s professional approach and her being on top of my situation.
N.S., Mt Gravatt
Amy, thank you. You have been diligent, accurate and pro-active for the entire duration of my matter. I appreciate it.
R.P., Cleveland
Michael, thank you again for your presence here yesterday. We really appreciated the clarity and accessibility of your presentation. It is a rare thing to find somebody who not only has expertise, but also has a skill in communicating it.
J.S., Brisbane