Child Support
Child Support
At Chesterton Legal, we specialise in family law and provide expert legal guidance on child support matters.
Our experienced Gold Coast child support lawyers have specialist Family Law expertise and are here to help you understand your legal obligations, and ensure the best possible outcome for you and your children.
Whilst the Child Support Agency ’CSA’ can make an assessment, you can apply for support individually. This allows you to weigh your options and work out what’s and best for your situation.
If you and your former spouse have reached an agreement in relation to child support, we can assist in preparing a Child Support Agreement. Agreements are termed Limited Child Support Agreement and a Binding Child Support Agreement. The differences are the limited agreement is for a short-term period, usually three years and is for payments in addition to child support already paid.
A Binding Child Support Agreement will continue until the child turns 18 or completes his or her education. It is imperative that you seek legal advice before entering into the Binding Child Support Agreement to ensure it is valid.
You cannot force another party to pay more than what the child support agency assesses that party should pay. However, you can enforce a Binding or Limited Child Support Agreement through the Courts, if the other party reneges on the agreement.
Types of Child Support Agreements
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A Binding Child Support Agreement allows parents to agree on a child support amount independent of the CSA assessment. This agreement can cover additional expenses such as:
Weekly, fortnightly or monthly payments
Private school fees
Extracurricular activities
Private healthcare and insurance
Out of pocket medical expenses
To be legally enforceable, both parents must obtain independent legal advice before signing. This agreement can only be changed or terminated with written consent from both parties.
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A Limited Child Support Agreement requires an administrative assessment from the CSA. The agreed-upon payment must be equal to or greater than the CSA assessment amount. Unlike a binding agreement, legal advice is not required, but we strongly recommend seeking professional guidance.
A Limited Child Support Agreement can be terminated if:
One parent chooses to end it after three years.
The paying parent’s income changes by more than 15%, with notice provided to the other parent.
Both agreements can be registered with the CSA for enforcement purposes.
FAQs
What Is a Child Support Lawyer?
A child support lawyer is a legal professional who specialises in handling cases related to child support. They provide legal advice and representation to clients seeking to establish, modify, or enforce child support obligations. They may also assist with issues related to child custody.
What Factors Are Considered When Determining Child Support Payments?
In Australia, child support payments are determined based on several factors, including each parent’s income, the number and ages of the children, the costs of caring for the children and the number of nights the children are in each parent’s care. The Child Support Agency uses a formula to calculate child support payments, considering these factors.
What happens if payments aren’t made on time?
This will usually depend on either the terms of the agreement if you have made an individual agreement or in accordance with the Child Support Agency’s collection practices if you have gone through the agency for assessment.
Why Would I Need a Lawyer?
You may need a child support lawyer if you are involved in a dispute over child support with your child’s other parent. A child support lawyer can also assist with enforcing or modifying existing child support orders and help you understand your legal rights and obligations related to child support.
What if I want to take a lump sum from our property sale instead of weekly payments?
While you are perfectly entitled to make any arrangement you think is best for you we would always recommend getting at least some advice before you come to a final agreement. Sometimes you may not be aware of all your entitlements, or haven’t factored in any changes in either parties circumstances. We will give you all the tools and advice for you specifically.
Would payments change if I remarry or move interstate?
This will again depend on many things including the details of the agreement, however if your circumstances have changed we can give you specific advice on your individual situation even if we didn’t act for you at the time it was made.