The financial support of children between separated parents, in most cases, is determined on the basis of an administrative assessment by the Child Support branch within Services Australia.
However, even within the relevant legislation, there are mechanisms that recognise that some cases are different and require special consideration.
Parents have the option to enter into a Child Support Agreement to set the rate of child support payable, and avoid the need to pay child support as assessed by the Child Support branch within Services Australia, or determine how specific expenses such as education and medical costs will be paid by parents for their children.
Our family lawyers assist clients to negotiate the terms of, draft, and provide the requisite legal advice in relation to proposed Child Support Agreements.
We regularly advise and, in some cases, act for clients in relation to:
- Child Support Agreements
- Departures from the assessment and application of the Child Support Formula
- Orders for the payment of child support by lump sum, or by way of periodic or non-periodic payments, by one party to another following separation
- Recovery of child support from a paying parent living abroad (if in a reciprocal jurisdiction i.e. New Zealand)
- Consequences of loss of employment or serious reduction in income on child support obligations
- Collection and recovery of child support from delinquent payers
We commonly include and document agreements in relation to child support as part of overall financial settlements of property and spouse maintenance. Child Support Agreements can be either Limited or Binding, depending on what parties seek to achieve in putting a child support agreement in place.