Child Support (Assessment) Act 1989
No. 124, 1989
Compilation No. 71
Compilation date: 1 July 2026
Includes amendments: Act No. 17, 2025
About this compilation
This compilation
This is a compilation of the Child Support (Assessment) Act 1989 that shows the text of the law as amended and in force on 1 July 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Duty of parents to maintain their children
4 Objects of Act
4A Application of the Criminal Code
5 Interpretation—definitions
5A Definition of annualised MTAWE figure
5B Definition of target foreign income
6 Interpretation—expressions used in Registration and Collection Act
7 Interpretation—expressions used in Part VII of Family Law Act
7A Meaning of child support period
7B Meaning of eligible carer
9 Interpretation—meaning of separated
10 Interpretation—meaning of resident of Australia
12 Interpretation—happening of child support terminating events
12A Use of computer programs to make decisions
13 Extension and application of Act in relation to maintenance of exnuptial children
14 Additional application of Act in relation to maintenance of children of marriages
15 Corresponding State laws
16 Act to bind Crown
16A Norfolk Island
Part 2—Counselling
17 Court counselling facilities to be made available
Part 3—Children who may be covered by Act
18 Act applies only in relation to eligible children
19 Children born on or after commencing day are eligible children
20 Children of parents who separate on or after commencing day are eligible children
21 Children with a…
Overview
The Child Support (Assessment) Act 1989 was enacted by the Commonwealth Parliament to address the problem of ensuring children receive a proper level of financial support from their parents after separation or divorce. The Act establishes a framework for assessing and determining the amount of child support payable by one parent to the other or to a carer, based on the parents' ability to pay and the needs of the child. Its primary objective is to ensure that children receive adequate financial support from their parents in a manner that is fair, efficient, and in accordance with their capacity to contribute. The Act applies to children born on or after the Act's commencement date and to those whose parents separate on or after this date, ensuring they receive the support they need without excessive court intervention.
Scope and Application
The Child Support (Assessment) Act 1989 applies to the parents of children, the children themselves, and in certain circumstances, non-parent carers, to ensure that eligible children receive a proper level of financial support from their parents. The Act is jurisdictional in nature, applying to the Commonwealth, all States and Territories of Australia, including Norfolk Island. The Act applies to eligible children, defined as those children born on or after the Act's commencement date who are under 18 years of age, not members of a couple, and not excluded by regulations. The Act extends to children of separated parents, children with eligible siblings, and children of marriages. Notably, the Act does not extend to children under the care of a child welfare law, unless those regulations specifically include them. The Act also applies to child support agreements and can be affected by international maintenance arrangements. The Act can be modified by subordinate instruments, which can prescribe penalties for breaches.
Key Provisions
- The Child Support (Assessment) Act 1989 (the Act) outlines the framework for assessing and determining the financial support payable by parents for their children. The primary sections of the Act require administrative assessments of child support (sections 23 to 34), detail the formulas for calculating child support (sections 35 to 58), and establish the obligations and procedures for child support agreements (sections 80 to 98). The Act also includes provisions for the assessment of child support for later periods (sections 34A to 34C), the reconciliation of child support liabilities (sections 150E and 150F), and the notification and enforcement of child support obligations (sections 150A to 150D).
- Under the Act, parents have a legal duty to maintain their children (section 3) and are required to provide financial support according to their capacity. The Act specifies the conditions under which children are eligible for child support (sections 18 to 22) and sets out the requirements and procedures for making applications for child support assessments (sections 23 to 28). It also provides for the acceptance and refusal of such applications (sections 29 to 32) and the notification of applicants regarding the Registrar's decision (sections 33 and 34). The formulas for calculating child support are detailed in sections 35 to 58, which include provisions for various scenarios such as single or multiple children, and situations where only one parent's income is considered. Additionally, the Act allows for the creation of child support agreements (sections 80 to 98) and specifies the conditions under which these agreements can be accepted or set aside.
- The Act imposes obligations on parents to provide financial support for their children, which is to be determined based on the parents' capacity to pay and the needs of the child. It mandates that both parents contribute to the child's support according to their income and other relevant factors. Parents and non-parent carers are required to apply for administrative assessments in the prescribed manner (sections 23 to 27) and provide all necessary information and documentation to the Registrar. The Act also requires the Registrar to assess child support as soon as possible after accepting an application (section 31) and to notify the applicant of the decision (sections 33 and 34).
- Breaches of the Act may result in civil and criminal consequences. For instance, making false or misleading statements to the Registrar (section 159) is an offence that carries a penalty of imprisonment for up to six months. Failure to notify required information (section 159B) is also an offence, with a penalty of up to five penalty units. Additionally, the Registrar has the authority to request tax file numbers from applicants (section 150B) and may refuse applications or assessments if they are frivolous or vexatious (section 143B). Non-compliance with these obligations can lead to the imposition of fines or other penalties as prescribed by the regulations.
- Area of Law
- Family Law
- Child Support
- Social Security
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Regulatory Standards
- Offence Provisions
- Child Support Income
- Child Support Assessment
- Child Support Agreements