Child support is the financial provision from one parent to the other. Child support is often done directly through Services Australia, known as the Child Support Agency, but parties can come to other arrangements either informally, through an Agreement or through the courts. Child support is usually paid until the child is 18 or finishes Year 12, whichever is later. Sometimes, a parent can make an application for adult child maintenance, which continues for an adult child until a certain time.
It is usually assessed based on the percentage of time the child or children spend with each parent, and each parent’s income. There are many other factors that can be included in a child support assessment, and each case is unique. By lodging a case with Services Australia, they can provide you with an assessment of what amount is payable.
Our lawyers can help you in estimating how much child support is payable by or to you, or in challenging an assessment.
Some parents also choose to enter into a Child Support Agreement. A Child Support Agreement can be either a Limited Child Support Agreement, or a Binding Child Support Agreement.
A Limited Child Support Agreement requires an assessment from Services Australia, and is easier to revoke or amend. It must include payments of at least the same amount as the assessment.
A Binding Child Support Agreement does not require an assessment, and can include any amount payable as child support. Parents often include requirements about the payment for child-related expenses – such as private school fees, medical bills, insurance, or items for the children. This can be in addition to, or instead of, paying a set amount per week as child support.
To enter into a Binding Child Support Agreement, you must receive independent legal advice. Our lawyers can assist in advising you in relation to child support, including whether or not a Binding Child Support Agreement is in your best interests.
You deserve to know your legal rights and responsibilities. We will guide you through the process every step of way, ensuring that not only are all potential outcomes discussed but also advice where it is relevant for your unique circumstances. You can rely on our expert family lawyers at Mornington Family Lawyers for a wide range of legal services. We offer sound advice and practical solutions tailored to your needs, whether you’re dealing with simple or more complex cases. We have experience in all family law matters and have helped many clients resolve their matters.
To get help resolving your matter, call us on 8391 8411 or complete our contact form for an obligation free discussion.