Parents have an obligation to financially support their children after separation.
This obligation continues until the child reaches 18 years, or longer in some circumstances.
In most cases, child support payments are administered by Services Australia. The amount required to be paid is determined in accordance with an assessment that considers a range of factors including the incomes of each parent, the number of nights the child spends with each parent and the age of the child. Services Australia will collect child support payments and, where necessary, recover arrears that may be owed to a parent because of non-payment.
Parents may seek a review of the child support assessment on several grounds set out under the Child Support (Registration and Collection) Act 1988. In some circumstances, parents may apply to the Federal Circuit and Family Court of Australia for a departure order from the child support assessment if an assessment does not adequately consider the parties’ circumstances, including their income earning capacity, property or financial resources, and the needs of the child.
Parents may opt to agree private arrangements for child support. Parents may negotiate a Binding Child Support Agreement that reflects their financial circumstances and priorities, for example the need to provide for ongoing expenses such as private school fees, health insurance, medical and orthodontic expenses.
At Empower Family Law and Mediation we have the experience and knowledge to assist you to seek a child support arrangement that suits your circumstances. If we cannot negotiate an agreement, we can guide you through the child support litigation process.
From your very first conference with us you will know where you stand, what your options are and what to expect.
That is why your first 30-minute consultation with us is FREE.