Family Law & Children's Rights
I'll Just Say I Have No Income
Parent refuses to pay child support
Premium
intermediate
8 minutes
The Situation
What They Said
“I don't have to pay child support. I'll just say I have no income.”
The refusal to pay child support — and the strategies used to avoid it — is a form of economic abuse that affects hundreds of thousands of Australian families. The parent caring for the children (most commonly the mother) is left to absorb costs that should be shared, while the non-paying parent often continues to live comfortably. False income declarations are among the most common avoidance tactics attempted: quitting employment to go 'cash in hand', funnelling income through a family business, or simply lying to Services Australia.
The impact on children is direct and measurable. Child poverty in Australia is disproportionately concentrated in single-parent households, and inadequate child support is one of the key drivers. The child support system was designed precisely to address this — to ensure that both parents contribute to their children's financial needs according to their actual capacity, not their claimed capacity.
What many people do not know — on both sides of this dispute — is that Services Australia has significant investigative powers. It is not a passive recipient of self-reported figures. It can access tax records, request employer payroll data, investigate assets, and in cases of clear under-reporting, apply an administrative assessment based on estimated earning capacity rather than declared income. The claim 'I'll just say I have no income' is not the get-out-of-jail-free card it sounds like.
The Fallacy
Self-Declaration Fallacy — Treating Unverified Income Claims as Binding Assessments
The assumption behind 'I'll just say I have no income' is that the child support system takes declarations at face value and lacks any mechanism to challenge them. This is a fundamental misunderstanding of how Services Australia operates. Child support assessments are not simply based on what a person reports — they are based on taxable income as assessed by the Australian Taxation Office, and Services Australia can initiate its own investigation when income figures appear inconsistent with a person's lifestyle, assets, or previous tax history.
Beyond that, the child support system has a 'change of assessment' process that allows the other parent to formally challenge an assessment they believe is based on misleading information. A decision-maker can substitute a higher income figure if they are satisfied that the actual capacity to earn is greater than what is declared. Deliberately under-declaring income to reduce child support obligations is not just a civil matter — it can expose the person to criminal penalties for making false statements to a Commonwealth agency.
The framing of child support as something to be avoided is itself a moral problem the law addresses. Children are not the financial burden of one parent alone. The obligation to contribute to a child's upbringing follows the capacity to do so — and Australian law has the tools to measure that capacity independently of what the obligated parent chooses to disclose.
What the Law Says
Your Legal Foundation
Child Support (Assessment) Act 1989 (Cth)
Section 3 — Objects of Act
“The objects of this Act are to ensure that children receive a proper level of financial support from their parents; and to establish a scheme for the assessment, collection and enforcement of child support.”
Section 3 establishes that child support is not optional — it is a structured legal obligation designed to ensure children receive financial support commensurate with their parents' combined incomes. The scheme is compulsory and does not require the cooperation of the non-compliant parent to be assessed and enforced.
Child Support (Assessment) Act 1989 (Cth)
Section 25 — Liability to pay child support
“A parent of a child is liable to pay child support in respect of the child if an application is made for administrative assessment of child support for the child and the application is accepted; or a court makes a child support order.”
Liability is established by application and acceptance — not by agreement of both parents. The parent seeking child support can apply to Services Australia unilaterally. Once an assessment is issued, it becomes a legal liability. Non-payment accrues as a debt and is subject to enforcement action.
Child Support (Assessment) Act 1989 (Cth)
Section 98C (Change of Assessment — reason 8) — Departure from administrative assessment — income capacity
“In the case of either or both of the parents, the income, earning capacity, property and financial resources of the parent are such that the application of the provisions of this Act to the case would be unjust and inequitable as regards the child or a carer entitled to child support for the child.”
This provision empowers a decision-maker to substitute a higher income figure if the evidence shows the paying parent has the capacity to earn more than they declare. This is the specific mechanism for addressing income under-reporting. Services Australia can use it based on lifestyle evidence, previous income history, and investigative findings.
What Scripture Says
God's Word on This
1 Timothy 5:8 (NIV)
“Anyone who does not provide for their relatives, and especially for their own household, has denied the faith and is worse than an unbeliever.”
Paul's statement is unambiguous: the refusal to provide for one's own children is not merely a financial failing — it is a moral and spiritual one. The obligation to financially support a child does not dissolve because a relationship has ended. The child remains 'your own household' regardless of the living arrangement.
Proverbs 13:22 (NIV)
“A good person leaves an inheritance for their children's children, but a sinner's wealth is stored up for the righteous.”
Scripture commends those who build financial security for their children — not those who hide wealth from them. The person who rearranges their finances to avoid child support is doing the exact opposite of what Proverbs describes as the character of a good person. The receiving parent is encouraged: the law and Scripture both support their claim.
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What They'll Say Next
Common Counter-Arguments
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They might say: “I have the kids 50% of the time so the child support should be zero.”
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They might say: “I'm paying private school fees and extracurriculars — that counts as child support.”
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They might say: “You make good money too. Why should I pay when you earn nearly as much as me?”
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