CHILD SUPPORT LAWYER
CHILD SUPPORT LAW
Child Support is an ongoing obligation and periodic payment made by one parent to the other parent or a 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 or children. The party who is not the primary carer of the child or children is liable to pay an amount that is calculated by reference to that party’s income and the level of care provided.
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 LAWYER FOR CHILD SUPPORT MATTERS?
Brydens Lawyers can advise you about the processes involved in applying for child support or being assessed for either child support payment or receipt.
Brydens Lawyers is 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 as agreed upon between yourself and your former partner at the time of separation.
When considering child support agreements, it is advised that you consult with one of our expert family lawyers at Brydens Lawyers 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 as to the management of 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 allow parents to make binding agreements about child support payments. These types of agreements are accepted by the Child Support Agency. However, independent legal advice must be obtained before entering into a Binding Child Support Agreement.
WHAT WILL THE CHILD SUPPORT 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 any property (financial) settlement.
Brydens Lawyers can provide an estimate as to the amount that you may be liable to pay towards child support or what you are eligible to receive based on the level of care provided to the child or children, the party’s income and current circumstances.
Brydens Lawyers can also ensure that any documents that need to be drafted are prepared in the correct form and that all such documents are provided to the court to satisfy the court’s enquiry that adequate arrangements have been made for the child or children.
Brydens Lawyers is also able to assist with regard to any representations or dealings with the Child Support Agency in relation to these matters.
WHEN SHOULD YOU CONSULT A LAWYER?
You can consult a lawyer at any stage, however, the parties should be aware that once they are contacted by the Child Support Agency, there are time restraints to respond or to appeal any decision made.
If the parties have reached a private agreement, it is important that you obtain independent legal advice with respect to the agreement, particularly if it is in excess of the amount payable under a Child Support Assessment.
WHAT ARE THE COSTS INVOLVED?
The legal fees will vary case by case and are dependent upon the instructions provided to the family lawyer and the nature of the work to be undertaken.
To find out more, contact Brydens Lawyers to discuss your matter, on 1800 848 848.
WHAT DOES THE COURT CONSIDER IN PARENTING MATTER DECISIONS?
Under the Family Law Act, when it comes to the making of any Family Law parenting decision, the best interests of the child are always paramount in the Family Court’s consideration.
Matters brought into account include:
- The benefit to the child in having a relationship with both parents.
- The need to protect the child from physical or psychological harm.
- Any views expressed by the child.
- The nature of the relationship that the child has with each parent.
- The extent to which the child’s parents have taken, or failed to take care of the child.
- The likely effect of any changes in the child’s circumstances.
- The capacity of each child’s parents to provide for the needs of the child.
- The maturity, sex, lifestyle and background of the child and either of the child’s parents.
- Any history of family violence.
In the event that the child is of Aboriginal or Torres Strait Islander descent, consideration will also be given to the child’s right to enjoy and any impact on cultural factors.
For further information in this area, contact one of our expert family lawyers at Brydens Lawyers on 1800 848 848 to discuss your particular situation.
WHY ARE BRYDENS LAWYERS THE RIGHT REPRESENTATION FOR YOU?
Brydens Lawyers will provide you with expert legal advice and representation to ensure that you have all the information that you need following the breakdown of your relationship or marriage, at a reasonable cost.
At Brydens Lawyers, we understand that every person’s circumstances are different and we will do all that is necessary to ensure the best outcome for you.
Our expert family lawyers, and our firm in general, is highly regarded in relation to all family law matters and in particular, child support agreements and child support assessment services. Brydens Lawyers is considered amongst the top Sydney child support lawyers when it comes to law firms in New South Wales.
Our expert family lawyers understand that you may be going through a difficult time, so you can rely on the experts at Brydens Lawyers to ensure the optimum outcome for you and your family with minimal stress and delay.
Whether you require assistance with child support assessments, court proceedings, the child support process or any other child support matter, our expert family lawyers at Brydens Lawyers are available and ready to assist.
Brenden, a client of our Family Law division.