Trusted child support lawyer Melbourne

Following your initial phone consultation, one of our family law specialists will meet with you for 90 minutes to find out more about your situation, discuss your options, and explain the process. 

If you or your partner already pay child support, we can review the payments to ensure the amount is accurate. If you choose to apply for a binding child support agreement or departure order, we can provide legal advice and representation. If needed, we can engage in negotiations or mediation with the other parent to reach a voluntary agreement on child support terms.

From a legal standpoint, there are no specifics around exactly what child support should cover, but it typically includes expenses such as:

• Food, clothing, and housing
• School fees, uniforms, and textbooks
• Childcare
• Healthcare and insurance
• Extra-curricular activities

Services Australia have released a basic 8-step formula to help you calculate how much child support you should pay. It determines each parent’s:

• Child support income
• Combined income
• Income percentage
• Percentage of care
• Cost percentage
• Child support percentage

It then works out the cost of children based on your total income, before calculating the total child support amount. As this relies on data, there can be factors that aren’t taken into account; if you disagree with the outcome, reach out to our family lawyers who will be able to offer advice.

Child support in Victoria is assessed and collected by the Child Support Agency. Child support payments are assessed using a formula that takes into account the respective parents' income and the time that the child spends with each parent, among other factors. You can go onto the Department of Health and Human Services website and use the child support calculator to get an estimate of child support payments.

If you want your arrangements to be formalised, then you can enter into either a binding child support agreement or limited child support agreement. These are especially relevant if parents want to formalise non-periodic payments like school fees or health insurance payments which are not usually covered by a periodic child support assessment.

Binding child support agreements can only be entered into where both parents are represented by solicitors and have signed a certificate certifying that they have given advice on the advantages or disadvantages of entering into the agreement. It is difficult to discharge a binding child support agreement once you have entered it which is why you need to seek legal advice.

With a limited child support agreement, a child support assessment is issued and lasts for three years, after which the parties can renegotiate another agreement if they wish and can be discharged if the assessment changes by more than 15% from the previous year.

If you are unhappy with Services Australia’s decision, you can request an internal review or escalate to an external review which will be sent to the Administrative Appeals Tribunal (AAT). If you disagree with the decision made by the AAT, you can request a court appeal or judicial review. 

Our trained child support lawyers can help you navigate a dispute and provide legal advice on the best route to take.

Either parent can apply to depart from the child support assessment in special circumstances. 

For example, the parent liable to pay child support may encounter substantial or unusual expenses in spending time with the child because they live a considerable distance away from the other parent or because the child has special needs or because of disputes in the true nature of income of the other parent. If the child attends private school and one parent is paying private school fees, this may also be grounds for a departure from the child support assessment.

Parents will generally need to go through a departure application with the CSA to change an assessment. In some cases, an application may be made directly to court.

Child support is a critical aspect of family law in Australia, aimed at ensuring that children are provided with financial support following separation. It is designed to provide financial assistance to one or both parents for the day-to-day expenses and overall well-being of the children involved.

In Australia, child support is administered by Services Australia, a government body who regulates and manages the Child Support Program. The program operates under specific guidelines and formulas that calculate the amount of support a parent should pay or receive.

To initiate the process of applying for child support, you can make an application for an assessment online through your MyGov account.

The calculation of child support is based on several key factors, including the income of both parents, the number of children requiring support, and the care arrangements in place. The Child Support Agency uses these details to determine the level of financial contribution that each parent should provide to support their children adequately.

Once the calculation is complete, the Child Support Agency will issue a child support assessment, outlining the specified amount that the paying parent must pay to the other parent. This assessment can be periodically reviewed and adjusted as circumstances change, such as variations in income or changes in the care arrangements. Collection of child support from a paying parent can be via private methods or you can arrange for it to be deducted from the income the other party receives from their employer.

It is also possible to enter into private Child Support Agreements, made pursuant to the Family Law Act 1975. Child Support Agreements require each party to obtain independent legal advice, as one measure to ensure the agreement meets the legislative requirements to be binding.

Carew Counsel Solicitors can guide you through the child support process, ensure your rights are protected, and assist in determining the appropriate amount of child support in your particular case.

“Act in haste, repent at leisure” is believed to have been adapted from the proverbial saying first expressed by William Congreve in 1962. His remark is about the perils of marrying in haste and repenting at leisure. The same can be said for agreements reached between parties without either of them having had legal advice and which you may later regret. 

Whilst it is not a requirement, it is highly recommended that following separation each person get independent legal advice. The consequences of what you may agree to are important and long lasting. 

Whilst you may have agreed on the care arrangements for your children and\or your property split of assets, what you have agreed on may be based on misinformation about what you think your entitlements are and you may be selling yourself down the river. 

There may be tax implications from what you have agreed on but which you have not considered. There may be technicalities that need to be complied with before a court will make consent orders for certain things. 

It is best to have separate lawyers for each party in getting legal advice as, your lawyer has an overriding duty to act in your best interests and if you see a lawyer who says they’ll give advice to both of you, that could be a very conflicted position and is to be avoided.

‍

It’s all about the best interests of the child. 

This is the primary consideration in making any parenting order. It’s best to get legal advice about your individual circumstances and your relationship with your child and the other parent. 

There is no blanket rule and no blanket assumption that you will get shared care. 

Many factors are taken into account which can be assessed and you can get advice on in relation to your particular matter. 

Care arrangements for your children have long-term consequences and lifelong effects for you and your child or children.

‍

‍