Child Support is an ongoing obligation and periodic payment made by one parent to the other parent or non-parent carer for the financial benefit of the parties’ child or children.
Child support is generally provided to the party who is the primary carer of the child/children. The party who is not the primary carer of the child/children is liable to pay an amount based on their income and the percentage of care.
Parties can reach an agreement between themselves with respect to child support payments or apply through the child support agency.
WHY DO YOU NEED A FAMILY LAWYER FOR CHILD SUPPORT?
Brydens can advise you about the processes involved in applying for child support or getting assessed for child support.
We are also able to provide you with assistance when your financial circumstances change and you are no longer able to pay the amount assessed by the child support agency or agreed between yourself and your former partner at the time of separation.
When considering child support agreements, it is advised that you consult a family lawyer to review and analyse the private agreement and have it formalised in a Limited Child Support Agreement or a Binding Child Support Agreement.
Limited Child Support Agreements allow parents some flexibility to provide an approach to manage their child support arrangements. These types of agreements will not be accepted by the Child Support Agency if the payments are less than the amount determined by a child support assessment.
Binding Child Support Agreements allows parents to make binding agreements about child support payments. These types of agreements are accepted by Child Support Agency. Independent legal advice must however be obtained before entering into a Binding Child Support Agreement.
WHAT WILL THE FAMILY LAWYER ORGANISE FOR YOU?
The Family Courts do not have jurisdiction to make orders with respect to child support, however, parties may be required to provide the court with the agreement that has been made, particularly when there is an agreement to forego the payment of child support in the parties’ property (financial) settlement.
Brydens Lawyers can provide you with an estimated amount you may be liable to pay towards child support or what you are eligible to receive based on your percentage of care, income and current circumstances.
We can also ensure that the documents are drafted in the correct form and all the necessary documents are provided to the court to satisfy the court that adequate arrangements have been made for the children.
WHEN SHOULD YOU CONSULT A FAMILY LAWYER?
You can consult a family lawyer at any stage, however, parties should be aware that once they are contacted by the Child Support Agency, there time restraints to respond or to appeal their decision. Brydens Lawyers provides free family legal advice for Child Support.
If the parties have reached a private agreement, it is important that you obtain independent legal advice with respect to the amount agreed, particularly if it is above the assessment amount.
WHAT ARE THE
The legal fees vary on a case by case basis and is dependent upon the instructions you provide to the family lawyer and the nature of the work to be undertaken.
To find out more, contact our office to discuss your matter further.
WHY ARE BRYDEN’S LAWYERS THE RIGHT REPRESENTATION FOR YOU?
Brydens Lawyers provide you with honest and concise advice and provide you with all the information you need following the breakdown of your relationship or marriage at a reasonable cost.
We understand that every person’s circumstances are different and will do our best to ensure the best outcome for you.
Brenden, a client of our Family Law division.