Parents have an obligation to financially provide for their children. Child support is one option that allows you or your partner to financially support your children. Our child support lawyers can guide you through this process and explore your options to help you decide what is best for your circumstances.
How can child support arrangements be documented?
A child support assessment can be made by a parent or non-parent after an application is made for a child, usually under the age of eighteen (18) to the Child Support Agency. If an assessment is made by the Child Support Agency, the Agency issues an administrative assessment and sends it to both the parent who is receiving the payment and to the parent who is making the payment.
If parties do not wish to engage the Child Support Agency, the parties can come to an agreement to document child support arrangements for their children privately.
What are the different child support provisions that can be made?
Any provision for child support to be paid or received may be by way of either:
1. Periodic amounts (ongoing);
2. Non periodic amounts (non ongoing);
3. Lump sum.
It is possible for parties to undertake an administrative assessment providing for periodic amounts and also for the parties to have a child support agreement which provides for payment of other expenses such as school fees and medical expenses.
Do I have appeal rights if I am not happy with a decision made by the Child Support Agency?
In circumstances where an administrative assessment is made by the Child Support Agency and you as either the payer or the payee are not happy with the determination that was made, you may make an objection through the Child Support Agency to that assessment.
There are also circumstances where you may apply directly to the Social Security Appeals Tribunal and the Court.
All appeal procedures have time limits and strict rules about what and when to file documents. As such, independent legal advice from our separation and divorce lawyers at Matthews Folbigg should be sought.
Are there any avenues to seek support for children other than child support?
The Family Law Act makes provision for maintenance to be provided for children over the age of eighteen (18). This is known as adult child maintenance.
Adult child maintenance is different from child support simply due to the fact that it deals with children over the age of eighteen (18).
An Order for adult child maintenance can be made in circumstances where:
1. It is necessary for that support to allow the child to complete tertiary education;
2. Such maintenance is necessary to allow or assist that child with a disability.
How can we help you?
Reaching a settlement in relation to child support/ child maintenance issues can be complex and stressful.
Matthews Folbigg divorce lawyers specialise in child support/ child maintenance settlements for both married and de facto couples.
We have a team of solicitors including accredited specialists in family law who may provide succinct legal advice to you in a cost efficient manner.
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