Child Support Lawyer
Whether you’re planning on paying or receiving Child Support, the process surrounding child support and maintenance can feel overwhelming. Having more knowledge about the process with professional guidance and support will make it far easier to deal with, and our team of child support lawyers can help you with that.
It’s really important that both parents understand each person’s child support obligations and entitlements before signing a Child Support Agreement, as it’s an agreement that will be in place for years to come.
How Is Child Support Assessed?
We always recommend that parents come to an agreement for child support payments without involving Services Australia where possible.
However, if you and your partner cannot come to an agreement privately with regards to child support, Services Australia will be the one to decide on who has to pay child support, and the amount of those payments.
There are many factors that impact your child support obligations, which will affect how Services Australia assesses your child support application, including:
both parents’ income
if you are supporting other children
the costs of raising children (including their ages and the number of children)
how much time you spend with the children (your ‘levels of care’).
The amount of child support you will receive or be obligated to pay, is based on these and other factors. These other factors include whether the receiving parent prefers a lump sum payment or payments at regular intervals, as well as ongoing financial support for schooling, extra-curriculars, or medical expenses.
Need help with child support matters? We’re here for you.
Frequently Asked Questions
To allow for more time to deal with your specific circumstances during our initial consultations, we’ve prepared this handy FAQ that covers some general topics and help you understand the divorce process a little better before meeting with our team of family divorce lawyers in Sydney or Brisbane.
Who is eligible for child support?
In Australia, all children under the age of 18 whose parents have separated, are eligible for child support. This is true regardless of whether their parents were married to each other or not.
If a child turns 18 during their last year at school, then that child is eligible for child support until they complete that school year.
One or both parents must also be living in Australia, however there may be special arrangements made with some other countries for child support should a parent or the child live in those countries.
What if there is a dispute about parentage of a child?
If there is any doubt about whether someone is a parent to a child, and therefore liable to pay child support, a court can order for parentage testing. If it’s found that the person who has been paying child support is not actually the child’s parents, then the courts can order repayment of the child support that has been paid up to that point.
What costs does child support cover?
In general, child support should be used to support children financially however the receiving parent does not have to explain the use of the funds to the paying parent.
We highly recommend that both you and your former partner come to an agreement about how costs will be split, particularly for fixed expenses such as medical costs, school fees, school supplies, and extracurricular activities.
What if the child support assessment by Services Australia is unfair?
Sometimes a Child Support Assessment’s findings may be completely off the mark. This can happen if the other parent attempted to minimise their taxable income, or experiences a loss of employment. It could also happen if the costs of your child’s care increases dramatically due to extenuating circumstances.
If you believe that the amount of child support you have to pay or receive does not accurately identify the other party’s income or the costs of your children’s care, you can apply for a Change Of Assessment. A lawyer can help you with preparing this application and guide you through the process.
How is child support collected by the receiver?
In general, it’s preferred that parents make arrangements privately when it comes to the payment of child support. However, the Department of Human Services can collect the payments on your behalf or sometimes even collect it from your former partner’s employer out of their wage or salary.
Can I require the other parent to contribute to private school fees?
It depends on the agreement that has been put in place between both parents.
If the other parent agreed to the child attending a private school, they will be liable to contribute to the fees as long as they can afford it.
However, if the other parent has not agreed to your children attending a private school, they will usually not be required to contribute to the fees.
That being said, if there are reasons relating to your children’s welfare that means that the child should attend a private school, the other parent may still be liable to contribute to those payments.
Does the income of my new partner affect the amount of child support I pay or receive?
The income of your new partner or spouse does not affect child support you pay or receive. Child support is based only on the incomes of the children’s’ parents.
Need help with child support applications or a change of assessment?
Contact us today to get in touch with a child support lawyer. Our friendly team is ready to assist you no matter what situation you’re in. Our lawyers can provide you with professional child support advice. Servicing Brisbane and Sydney.