Child Support and Binding Child Support Agreements
We are experienced in Family Law matters including in assisting with matters involving child support and Binding Child Support Agreements. Contact us for your initial consultation free of charge.
At one stage or another, almost all of us fall in love or enter into a relationship that does not work out. However, disputes with our spouses, either married or in long term de facto relationships, do not have to end badly. If there is agreement as to a mutual parting of ways, then this can be formalised in a straightforward and amicable way. This is always the preferable option as Family Law litigation can be long, protracted and can turn nasty.
In the unfortunate event there is a breakdown in a marriage or family and there are children involved, it is important that the children do not suffer. Child maintenance or child support is an amount paid by one parent to the other for their care of the child. This can be obtained through an application to the Australian Government Department of Human Services (‘Department’) which will assess the amount payable or otherwise by written agreement, known as a Binding Child Support Agreement.
A Binding Child Support Agreement can be for an amount less, equal to, or more than, the assessment made by the Department for Child Support. To get child support under a Binding Child Support Agreement, a parent must have at least 35% care over the child. Varying rates of care will affect the amount. Both parents must seek independent legal advice and get a certificate. If you don’t, the agreement will be invalid.
Our Family Lawyers have experience dealing with the Department’s Child Support Agency which can make assessments of the amount of child support or maintenance payable by one parent to another. Sometimes, like any organisation, the Department can make a wrong decision or not consider all of the facts appropriately leaving one party severely disadvantaged. It is essential that you seek advice from one of our Family Lawyers who can help get you achieve a fair outcome.
It is also possible for child support or maintenance to be negotiated between the parents directly and arranged through consent orders. We have experience in advising on the best way forward and our child support lawyers can assist with negotiations ensuring a better outcome whilst ensuring the arrangement is fair to everyone and the children do not suffer as a result.
If you have a child support or child maintenance issue, get into contact with us to speak to one of our Family Lawyers in a free no obligation consultation to discuss the process in greater detail.
Disclaimer:
The information above is intended as general information only and should not be relied on. You should discuss your individual situation with a lawyer.
Contact us to discuss your matter
Please fill out the below form and one of our lawyers will be in touch as soon as possible.