Child Support: Demystifying Your Legal Rights & Obligations
Child Support is money paid by one separated parent to the other to help meet the costs of raising the child or children of the relationship. You are obligated to pay child support even if you do not spend any time with your children. When dealing with child support within family law matters, seeking guidance from child support lawyers is crucial.
How do I know how much child support I should pay?
There are two ways that you can determine the amount of child support that you should pay. The first is by undergoing a Child Support Assessment via the Child Support Agency (“the CSA”). The second is by reaching a private agreement with your ex-partner. Child Support Lawyers in Geelong such as Cornish Lawyers can assist with either process.
A good first step is to utilise the Child Support Estimator Tools on the Services Australia website. These tools are designed to give parents an estimate of what their assessment might be. Once you have this information you may wish to proceed with a formal Child Support Assessment or alternately, you may reach agreement with the other parent about what amount is to be paid and when. If you need help with this process, child support lawyers in Geelong can be invaluable.
How is the amount of child support assessed?
To determine how much Child Support a parent should pay, the CSA will apply a formula based on the following information:
- The combined income of the parents;
- The time each parent is spending with the child or children;
- The age of the child or children.
A family law attorney can explain this formula in detail.
If you elect to have a formal Child Support Assessment, the Child Support Agency will look at both of your incomes and the time each of you is spending with your children to determine an appropriate amount. They will take into account each parent’s needs and individual living expenses. The Agency can then collect the funds on the receiver’s behalf, and will raise a debt where no funds are paid. The formula applied by the Agency is quite complex. An example of how it is applied can be found here on the Child Support Agency website.
What if I don’t agree with the assessment?
If you don’t agree with the CSA assessment, you can ask for a review. In most cases you need to do this within 28 days of the assessment being made. If you are unhappy with the result of the review or you have other concerns (for example, if you do not agree with the amount of time that CSA have found you spend with your child/children) you may be able to apply for a further review with the Administrative Review Tribunal. If you’re facing this situation, solicitors in Geelong can provide valuable advice and assistance.
How is Child Support paid?
Child Support is typically paid directly from one parent to the other. Sometimes it is deducted directly from a parent’s wages or paid through Services Australia. If one parent does not pay child support to the other, the Child Support Agency may raise a debt against them.
Departure Order
In special circumstances you can apply to the Federal Circuit and Family Court of Australia to “depart” from the Child Support Agency Assessment. Departure Orders are done in special circumstances, for example where:
- A child has specific health or development needs;
- The taxable income of one of the parents is inaccurate or misleading. For example, a parent has an irregular but significant source of income (such as sales commissions), or their assets and lifestyle are significantly different to their purported earnings;
- The payer parent is covering other costs for the child (for example, the mortgage on the home, private school fees);
- If the non-residential parent incurs particularly high costs to spend time with the child (i.e. plane travel).
If you believe your Child Support Assessment is incorrect and wish to apply for a Departure Order, please contact our lawyers in Geelong to arrange an appointment.
What is a Binding Child Support Agreement?
A Binding Child Support Agreement is a private agreement that forms the basis of a contract between two parents.Binding Child Support Agreements are generally a different amount from the Child Support Agency Assessment and may be higher or lower, depending on the circumstances.
Binding Child Support Agreements can be very useful in providing certainty regarding what future expenses will be covered and ensuring that there is consistency of payments even if the circumstances of one of the parent’s changes. For example, they might stipulate that one parent is responsible for the costs of private school fees, health insurance costs, or extracurricular activities.
They can only be entered into after both parties have received independent legal advice regarding the advantages and disadvantages of the agreement. Solicitors in Geelong can provide this independent legal advice.
If a Binding Child Support Agreement is breached by one party, the other can seek enforcement through the Federal Circuit and Family Court of Australia. These Agreements can only be ended by consent or by the Court.
If you wish to draft a Binding Child Support Agreement, please contact our Geelong family lawyers. We can help you draft an agreement that meets your needs.