Child Support Lawyers
Child support is a payment made by one parent to the other to assist in the costs of raising, educating, and caring for the child/ren. It is recognition of the continuing obligation and involvement of each parent in the care of the child/ren.
If you have recently separated, child support and the rights and obligations it provides may be applicable to you.
There are 3 main ways child support can be put in place. They are as follows:
- Child Support Assessment by Service Australia;
- Child Support Agreement between the parents; or
- Private agreement between the parents.
The most important consideration when dealing with Child Support is that any payment is for the benefit and care of the child/ren. It is separate from spousal maintenance and, is not to the benefit of the parent.
A final means to apply, vary or revoke a child support payment is by application to the Federal Circuit and Family Court of Australia. However, this is generally limited to circumstances where all other administrative appeal processes have been exhausted. This includes applying to the Administrative Appeals Tribunal. If this is applicable to you, it is important you seek independent legal advice before any application is made to the Court.
When seeking child support, it is important that you consider your circumstances and what is most suited to your needs. Our experienced team of child support lawyers at Greigs Legal can assist you in navigating through the process. Call us on (02) 4647 2968 to speak with one of our trained child support family law solicitors today.
Child Support Assessment
A Child Support Assessment by Services Australia considers the care arrangements and means of each parent to then assess child support obligations of one parent to the other. An application can be brought by either the parent paying child support to assess their payment, or by the parent receiving payment.
It is important that in any application for Child Support Assessment that you prove that the person you are claiming from is indeed the parent of the child/ren.
In any application, Services Australia will consider many factors including but not limited to:
- The income of both you and the other parent;
- The parentage of the child/ren;
- The age of the child/ren;
- The care arrangements of the child/ren;
- The costs of caring for the child/ren; and
- If either you or the other parent have other children in your care.
In considering some of the above factors and any other that are relevant to your circumstances, Services Australia will then make an assessment and decision regarding any child support payment applicable.
In the event you do not agree with a decision made by Services Australia and wish to object to the decision, you must do so within 28 days.
An objection may be raised in circumstances where you do not agree to the assessment, you dispute parentage, you believe the assessment is inaccurate or, the costs of the care of the child/ren are wrong. Generally, the objection is made directly to Services Australia and then, if applicable proceeds by application to the Administrative Appeals Tribunal.
If this is the case, it is important to discuss your objections with one of our experienced family lawyers at Greigs Legal who specialize in child support cases. Contact us today to schedule a consultation.
Child Support Agreement
A child support agreement is similar to a child support assessment. It is a written formal document signed between both of the parents. It provides an agreement on a payment from one parent to the other and the sum is agreed between the parties. This amount can be more, or it can be less than what Services Australia assess.
In order for the Child Support Agreement to be binding and come into effect, each parent must seek independent legal advice and be issued the relevant certificate.
Another consideration of the Child Support Agreement is that you can limit its operation by placing conditions. For instance, where there is more than one child subject to a child support agreement, it could be put in place until the youngest child attains the age of 18 years. However, in circumstances where your financial situation allows, it could be agreed that the child support agreement is in force for 2 years.
When considering limitations on the operation of any child support agreement, it is crucial to seek guidance from experienced child support lawyers. Our expert team of child support lawyers, conveniently located in Gregory Hills, Marrickville, Kogarah and the Greater Sydney Region, is here to provide comprehensive legal advice. Contact our friendly team for an obligation-free consultation to ensure your child support agreement, tailored to your specific needs, is in compliance with the law.
Private Agreement
A private agreement between the parties is exactly that, private. There is no obligation to discuss or settle child support arrangements and is completely dependent on each parent. This is often where the matter first begins immediately after separation and is a result of discussions talking about the future needs of the child/ren.
It is most suited to parents who have separated on amicable terms and believe that they can maintain a healthy co-parent relationship and do not require the obligation of a formal, binding agreement.
Our team of experienced child support lawyers at Greigs Legal is dedicated to helping you find an appropriate and cost-effective solution for your child support needs. Schedule your initial consultation with us to discuss your case and explore how we can meet your specific requirements.
