CHILD SUPPORT LAWYER SYDNEY
CHATSWOOD CHILD SUPPORT LAWYER
AGGRESSIVE PURSUIT OF FAIR OUTCOMES DURING AND AFTER DIVORCE BY A CHILD SUPPORT FAMILY LAWYER
Parents are obligated to support their children until they reach the age of 18, although it’s possible for a court to order support for a child obtaining higher education. Child support lawyers and child custody lawyers play a crucial role in navigating these obligations and ensuring the best interests of the child are met.
Child support agreements can help parents make arrangements for ongoing payments and expenses, reducing disputes and providing certainty for future planning. It can be a long time from the date of your divorce until these obligations end, and during those years, your children’s needs and your financial situation are likely to change.
For capable and concerned legal counsel regarding child custody matters from divorce to post-judgment variation and enforcement actions, you can rely on Chatswood Family Lawyers.
WHAT IS COVERED BY AUSTRALIAN CHILD SUPPORT LAW AND CHILD SUPPORT PAYMENTS?
Australian law recognises a child’s right to receive financial support from both parents. Most often, the non-custodial parent will be required to pay a portion of their income to the custodial parent to help cover the child’s expenses because it is assumed that the custodial parent is already contributing to the child financially.
A child support assessment is necessary to determine the required payment amounts in both limited and binding child support agreements. A binding child support agreement is a formal arrangement regarding child support payments that mandates both parents to seek legal advice before finalising it, ensuring that it is legally binding.
ONLINE ENQUIRY
The goal of child support is to give the child(ren) the same quality of life they would have enjoyed if the parents had remained married. Child support in Australia is calculated by Services Australia (through the child support agency) using a precise formula detailed by law, but courts still have the discretion to require the non-custodial parent to pay amounts in excess of this to support the child’s current lifestyle or needs, including:
- Tuition for private schooling
- Health costs, medical expenses and living expenses
- Sports travel teams, summer programs, and other enriching activities
The Family Law Act also provides provisions for child support, specifically for same-sex relationships, allowing legal parents in these relationships to seek child support. Child support orders can also vary depending on the needs of the individual child or children involved. For example, if a couple has a special needs child, then the non-custodial parent may be required to pay more to help cover the child’s medical expenses.
CHATSWOOD FAMILY LAWYERS HELP WITH THE VARIATION AND ENFORCEMENT OF CHILD SUPPORT ORDERS
To ensure that children receive the support they are entitled to, accredited family law specialists can provide quality representation and guidance. A limited child support agreement is a formal arrangement made between parents regarding child support payments, which can be established without legal advice but requires a formal child support assessment.
Service Australia has established a detailed system for collecting and recording child support payments and enforcement capabilities for when a parent refuses to pay despite having the means to do so. Service Australia may be able to garnish wages or tax refunds. It’s never a good idea to fall behind on child support payments, yet many parents do become delinquent, often for the following reasons:
RETALIATION
Many parents have the mistaken notion that child support payments are linked to their parenting rights, so when custodial parents interfere with the noncustodial parent’s time with the children, the paying parent may withhold payment. This type of self-help makes the paying parent look bad to the court and gives a custodial parent further ammunition to make the paying parent’s life miserable. A better option for a paying parent in this situation is to contact a skilled family lawyer who can explain your options and possibly even request a variation of your support payments through Services Australia or the Court.
FINANCIAL HARDSHIP
If a paying parent experiences a major financial burden, such as the loss of a job or a major medical treatment, they may fall behind on their child support payments. In cases like these, an experienced family lawyer can assist you in requesting that the court re-evaluate your obligation.
CONTACT OUR CHATSWOOD CHILD SUPPORT DISPUTES LAWYER TODAY
You deserve fair treatment, regardless of whether you are paying or receiving child support. Chatswood Family Lawyers has extensive experience negotiating complex child support issues and other family law matters throughout the North Shore, Greater Sydney, and its environs.
Call us today at (02) 9412 4500, email us at enquiries@chatswoodfamilylawyers.com.au, or fill out our form online to schedule a consultation.
FREQUENTLY ASKED QUESTIONS
WHAT IS A CHILD SUPPORT ASSESSMENT?
A child support assessment is an official calculation that determines the financial contribution a parent should make to the upbringing of their child or children. This assessment is based on various factors, including both parents’ incomes, the child’s living arrangements, the child’s age, and any special needs.
The outcome of this assessment forms the foundation for child support payments. If parents wish to adjust the standard assessment, they may explore a binding or limited child support agreement, but an initial assessment must be in place for the latter.
WHAT ARE THE TYPES OF CHILD SUPPORT AGREEMENTS AVAILABLE?
Besides the standard child support assessment, there are two types of child support agreements available which are the binding child support agreement (BCSA) and a limited child support agreement (LCSA).
The BSCA is usually a more formal arrangement requiring both parties to hire their own legal representation and made in specified terms. The LCSA is more adaptable and doesn’t need legal assistance. However, a child support assessment is required. Therefore, getting assistance from a child support lawyer can guide you through the process.
WHAT DO I DO IF I DON'T AGREE WITH THE RESULTS OF MY CHILD SUPPORT ASSESSMENT?
For those who can’t agree with the results of your child support assessment, you can send a Change of Assessment Form to Services Australia. They will then perform an internal review, giving you 28 days to summarise what your objections are. Getting legal assistance from a qualified child support lawyer can make sure your matter is presented the right way and that you are made aware of all your options.
HOW CAN WE GUARANTEE EQUALITY DURING THE CHILD SUPPORT PROCESS?
To ensure equality in the child support process, parents should learn as much as possible, openly communicate with ex-partners or report to a child support agency when necessary. If you’re experiencing disputes, it’s important to get in touch with our child support lawyers to guarantee that the process remains fair and that your rights and the best interests of your child are protected.
WHAT SHOULD I DO IF MY EX-PARTNER DOESN'T PAY CHILD SUPPORT?
If your ex-spouse doesn’t pay for child support, and you both have agreed to a binding child support agreement – that’s legally valid. For this reason, you can seek enforcement via Family Court should one party not abide by the agreement. Our child support lawyers can provide you with the necessary legal advice to ensure that the agreement is upheld and to address any breaches effectively.