Child support or maintenance relates specifically to financial support for children, usually following a relationship breakdown. It is one important aspect of providing and caring for your child/ren that parents must consider when separating or divorcing.
Our family lawyers regularly provide advice on child support or maintenance agreements and help parents to reach an agreement.
As parents you will need to determine how your children are being cared for in terms of parenting arrangements, financial support and other matters concerning your children.
An agreement can be reached amicably between the separated parents without having to involve a court. Sometimes court proceedings are inevitable and an application can be made to the Child Support Agency.
Parties who agree can choose to formally document their agreement in a Binding Child Support Agreement.
It is also important to get legal advice on the child support agreement, as they can last for years. If all scenarios are not considered carefully and the agreement is poorly drafted one parent can be left financially worse off. Getting expert legal advice on family law agreements is highly recommended.
Child Support directly relates to financial support of a minor (under the age of 18 years).
However, if a child requires support beyond the age of 18 years (usually when they are studying or have a disability), then it is called child maintenance.
Child support payments cover the child’s reasonable living expenses such as:
In broad terms you have to pay child support if your children are under the age of 18 years. Child Maintenance is not as clean cut and is assessed on a case by case basis.
If the parties cannot agree on or child support then the Department of Health and Human Services (DHHS) will make a determination. A child support or child maintenance solicitor will be able to help give you some indication as to what to expect and help if an issue arises.
The expenses of the child and the income of both the parents are taken into account when determining child maintenance. Each situation is different as there are many variables such as earnings, number of children, expenses. The Child support Assessment Act is the legislation that covers how child support is assessed. If parties cannot reach an agreement then the DHHS makes an assessment using this legislation as a guide.
If you do not agree with this assessment it can be challenged. Our child support lawyers can provide advice on the matter and help you challenge the assessment.
We understand Child Support/Child Maintenance can become quite a debated topic when parents are separating or divorcing. Our child support lawyers provide expert practical and legal advice to parents on how their matter and how to improve their chances of success.
We can provide advice and assist with child support agreements, mediations and resolving disputes regarding child support matters.
Our family lawyers can assist with:
Child support binding financial agreements – drafting and revising
Mediation on children’s matters
Collection of private child support debts
Negotiating private child support assessments
Child support and children matters arrangements may be addressed obtain a divorce. The court must be satisfied that there is adequate provision is made for the children or a divorce may be rejected.
Our family lawyers are professional and concise and will work hard to ensure you have the best legal representation possible. Our law firm has many happy family law clients.
Thank you Theresa, Douglas, Philip, Alisha and all those who helped us return peace of mind. I’ll recommend you to my friends. We are happy with your work.
PCL Lawyers were recommended to me by a friend, and true enough to their reputation, they did not disappoint! Theresa Morgante, and her team were amazing from day one! Their professionalism was outstanding. I was shown great care through the whole process and I was pleased with the outcome. The weight is lifted off my shoulder. I would 100% recommend PCL Lawyers. A huge thank you Theresa and team!
I was so pleased with my Divorce lawyer (Theresa) Theresa was a phone call away. If I wasn’t sure about legal issues. Theresa explained it to me. Very professional esay to speak to. Which I think it’s very important. Thank you Theresa.
Theresa was incredible and the team at PCL lawyers were caring upfront and honest. I have never had to engage in legal assistance ever and was recommended by my local firm to Theresa and I’ll be forever grateful. My experience with PCL lawyers was professional and I will always recommend them to anyone needing support in family law. Theresa is exceptional I highly recommend
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