CHILD SUPPORT
When parents separate, it is vitally important that appropriate financial arrangements are put into place to ensure that the financial needs of the children are met.
Child support, usually involves one parent paying another parent a sum of money each week to assist with the children’s living expenses.
The administrative child support assessment conducted by Services Australia.
Services Australia is the government body that is able to assess, collect and transfer child support payments on behalf of one or both parents. In determining what child support is to be paid, Services Australia utilises an administrative formula which takes into account a number of factors to include:
In limited circumstances, the Family Court has the jurisdiction to make a departure order from an administrative assessment if it is satisfied that one or more grounds for departure exist and that it would be just, equitable and proper to do so. Departure orders may result in more or less child support becoming payable dependent on the circumstances.
To ascertain what child support you may be entitled to receive or liable to pay, you can contact Services Australia at www.servicesaustralia.gov.au
Child support, usually involves one parent paying another parent a sum of money each week to assist with the children’s living expenses.
The administrative child support assessment conducted by Services Australia.
Services Australia is the government body that is able to assess, collect and transfer child support payments on behalf of one or both parents. In determining what child support is to be paid, Services Australia utilises an administrative formula which takes into account a number of factors to include:
- The amount of time that the child / children spend in each parent's care (usually expressed as a percentage of care)
- The costs of the child / children
- The respective income of the parents
- The amount of money that the liable parent requires for their own living expenses (also known as self-support)
- The costs of any other relevant dependent children that the liable parent needs to support (for example children of a new relationship).
In limited circumstances, the Family Court has the jurisdiction to make a departure order from an administrative assessment if it is satisfied that one or more grounds for departure exist and that it would be just, equitable and proper to do so. Departure orders may result in more or less child support becoming payable dependent on the circumstances.
To ascertain what child support you may be entitled to receive or liable to pay, you can contact Services Australia at www.servicesaustralia.gov.au
CHILD SUPPORT AGREEMENTS
It is possible for parents to reach their own agreement concerning the payment of child support. There are two main types of child support agreements, namely a limited child support agreement or a binding child support agreement.
LIMITED CHILD SUPPORT AGREEMENTS
Limited child support agreements must be in writing and signed by both parents – however unlike a binding child support agreement (see below) there is no requirement for each of the parents to have had independent legal advice prior to entering into this type of agreement.
A limited child support agreement, must however be accepted by the Child Support Registrar and ensure that the amount of child support paid is no less than the amount of child support payable under the administrative child support assessment.
A limited child Support agreement operates for a maximum period of three years, after which time the agreement may be terminated by either party.
A limited child support agreement, must however be accepted by the Child Support Registrar and ensure that the amount of child support paid is no less than the amount of child support payable under the administrative child support assessment.
A limited child Support agreement operates for a maximum period of three years, after which time the agreement may be terminated by either party.
BINDING CHILD SUPPORT AGREEMENTS
Binding child support agreements may provide for more or less than what would otherwise be payable under the administrative assessment. These types of agreements may provide for both monthly payments and payments such as: school fees, extracurricular and sporting fees, school uniforms and equipment, medical and dental costs. In some instances, binding child support agreements may include lump sum payments or the transfer of property in lieu of monthly payments.
Binding child support agreements are particularly common and useful in circumstances where the children attend private school and the parents wish to reach an agreement as to how the children’s school fees are to be paid in the future. These types of agreements can also be structured in a way to provide a sensible payment system concerning the payment of the children’s various expenses that removes both uncertainty and angst for both parents.
To be considered binding, both parents who enter into a binding child support agreement must have independent legal advice as to the effect of the agreement and what the advantages and disadvantages of entering into the agreement are in a practical and legal sense.
We have both the expertise and experience to explain the best available child support options available to you so as to ensure that your children are properly provided for in the future and that the payment of child support process runs smoothly.
Binding child support agreements are particularly common and useful in circumstances where the children attend private school and the parents wish to reach an agreement as to how the children’s school fees are to be paid in the future. These types of agreements can also be structured in a way to provide a sensible payment system concerning the payment of the children’s various expenses that removes both uncertainty and angst for both parents.
To be considered binding, both parents who enter into a binding child support agreement must have independent legal advice as to the effect of the agreement and what the advantages and disadvantages of entering into the agreement are in a practical and legal sense.
We have both the expertise and experience to explain the best available child support options available to you so as to ensure that your children are properly provided for in the future and that the payment of child support process runs smoothly.
