Court order for child maintenance
A court order for child maintenance is a legally binding decision made by a family court requiring someone to financially support a child.
Child maintenance orders are used where administrative assessment does not apply, such as for children over 18 or where eligibility rules are not met. The court sets the amount and terms directly.
Definition
A child maintenance order is an order made by a court under the Family Law Act for the financial support (maintenance) of a child. Such orders may be made where an administrative assessment of child support cannot be made. Orders can be made by consent or by a decision of the court, and may be registered for collection.
Definition source: Guides to Social Policy Law, Child Support Guide, Version 4.97, released 20 March 2026, Court order – child maintenance order.
Role in the system
A child maintenance order sits outside the standard child support formula. The formula normally applies automatically through Services Australia, but the court steps in where that system cannot operate.
A child maintenance order may be made where the child is over 18, a step-parent is involved, or the person seeking support is not eligible for an administrative assessment. In these cases, the court determines what support should be paid.
Once made, the order creates a legally enforceable obligation. It can be registered with the Child Support Registrar and collected in a similar way to regular child support.
If a standard child support assessment later becomes possible, the administrative assessment generally replaces the court order. This shifts the case back into the formula system.
Example
A parent supports a 19-year-old child who is still in full-time education. Because the child is over 18, the standard child support formula no longer applies. The parent applies to the court, which orders the other parent to pay a weekly amount to help cover living and study costs.
The order continues until the child finishes education or another specified event occurs. If circumstances change, either party can apply to vary the order.
Parenting orders and child support
Parenting orders also affect child support, though indirectly. The order sets out how many nights each parent is to have, which determines the care percentage used in the child support formula.
If a parent does not follow the order, often by withholding access, the care percentage used in the assessment will diverge. Services Australia normally considers the actual care pattern that is taking place. Fixing this may require court enforcement, usually by filing a contravention application.