Lawyers For Child Support
Child support is an issue that arises in almost every case where there are children.
A marriage separation or de facto relationship breakdown is a very stressful and emotional experience for the adults involved, but it’s also a very difficult time for the children of the relationship.
Given the number of variables involved, obtaining advice from a family lawyer can provide you with clarity and certainty about the best steps you should take.
We can help assess your entitlements to child support, including what you may already be owed, or what you would be required to pay. Allow us to take some of the burden from your shoulders.
What is Child Support?
Child support is a continuous, recurring payment provided by a parent after a marriage separation or other comparable relationship ends for the financial benefit of a child.
Child support in NSW provides financial aid meant to cover various expenses related to the child’s well-being, including but not limited to:
- Necessities such as food, clothing, and shelter.
- Educational expenses such as school fees, books, and supplies.
- Medical expenses such as health insurance and uninsured medical costs.
The Child Support Formula
There is a basic 8 step formula for parents with only one child support assessment. This is the most commonly used formula.
1. Work out each parent’s child support income
2. Work out the parents’ combined income
3. Work out each parent’s income percentage by dividing each parent’s income by their combined total
4. Work out each parent’s percentage of care
5. Work out each parent’s cost percentage
6. Work out each parent’s child support percentage subtracting the cost percentage from the income percentage for each parent
7. Work out the costs of each child based on the parents’ combined total income
8. Work out the total amount of child support payable by multiplying the positive child support percentage by the costs of the child
Types of Child Support Agreements
There are two types of child support agreements recognised by Services Australia, these are:
- Limited Child Support Agreement: which is a formal agreement between the parents about child support that does not need independent legal advice. There must be a child support assessment in place before it can be accepted by Services Australia and that payments put in the agreement must be equal to, or more than, the annual rate in the assessment. This type of agreement can be terminated by either party after a period of three years.
- Binding Child Support Agreement: which is a written agreement between the parents about child support payments. Each party must obtain independent legal advice before entering or terminating this type of agreement. A Binding Child Support Agreement provides for long term arrangements and can only be terminated in extremely limited circumstances. They may provide for a lower rate of child support than what would be payable under the assessment formula. This form of agreement can include lump sum payments and a transfer of property which is then able to be credited to a child support liability instead of periodic payments.
What to Expect when working with PB Lawyers Australia
Here are some reasons why people choose us:
- Punctual and Precise: From your first consultation until a successful solution, we will work hard to resolve your matter fast and with precision. We answer all enquiries quickly as we understand how stressful legal pressures can be. And more often than not, time is crucial, so we act promptly. Having the right lawyer in your corner is the most important aspect when dealing with legal matters, so as we are fast, we are also as experienced and thorough.
- Understanding and Perceptive: We understand that being involved in any legal matters can be stressful. So, we take the time to learn your situation and get a good grasp on all the relevant factors and use that information to work for you in the best way possible. We’re here to guide you every step of the way, we will listen to you, offer advice, answer any questions you have and ensure that you have all of the information you need to make an informed decision every time.
- Affordable and Reasonable: There is no surprise in saying that legal fees can be expensive, however, engaging a lawyer may be less expensive than you realise. Doing so will most definitely reduce the amount of stress and the amount of time in dealing with your legal matters. We offer flexible billing arrangements for our services, including event billing, time interval billing and fixed rate fees. We’ll also be transparent with you about the costs surrounding resolving your matter and provide you with a quote once we’ve had a consultation with you and understand your situation.
- Experienced and Knowledgeable: Each member of our trusted team has years of experience in the areas of law they each practice, coming from different cultural and societal backgrounds. This allows us to understand your situation more easily and work together to find the best outcomes for your situation. Like we said before, no two situations are the same, but our vast range of experience means that we can certainly help you.
Our Child Support Law Solutions include:
Assisting You Gather Relevant Documentation
Drafting Required Documents
Giving You Advice on the Best Method to Proceed
Providing a Free First Consultation
Confirming Child Legitimacy Documents
Arranging and Advising on Payment Options
Negotiating with Opposing Lawyers
Represent You in Court
Lodging Final Settlement Documents
Client Testimonials and Reviews
Frequently Asked Questions
What happens if I don't agree with the child support assessment and want to change it?
If a parent does not agree to the assessment made by Services Australia, they can lodge an Application to Change your Assessment. To be successful, an applicant must demonstrate one of the 10 different types of special circumstances, that the change is just and equitable and that it is otherwise proper.
Our family lawyers can assist you with completing this form if required.
When does child support end?
Usually when the child turns 18 years old, or if the child becomes financially self-sufficient, marries someone or enters into a de facto relationship, dies, or is adopted.
What happens if my ex stops paying child support?
If your ex is the paying parent and stops paying child support payments, the Child Support Registrar may use its power to obtain the child support payments through certain mechanisms, such as obtaining the payments from the paying parent’s employer directly.
What child support matters go to court?
If a person is unhappy with an assessment or the decision of a registrar, generally, the first step in the process is to make an objection. Since 1 July 2015, child support decisions are reviewed by the Social Support and Child Support Division of the Administrative Appeals Tribunal.
If you require legal advice about the objection process, one of our family lawyers can assist you.
Parents can still apply directly to the Court in several circumstances including:
– Applications to set aside a child support agreement.
– Urgent child support applications.
– Declarations that a person is not entitled to a child support assessment based on percentage.
– Orders for recovery of wrongly paid child support.
– Stay orders pending finalisation of the court application.
