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Child Support

Clear advice. Strategic guidance. A fair path forward

Child Support

When parents separate, ensuring the ongoing financial support of their child or children is a key concern. Child support is the legal mechanism that helps ensure both parents contribute to the costs of raising their child or children, in a way that is fair and appropriate to their circumstances.

In Australia, child support is governed by the Child Support (Assessment) Act 1989 (Cth), and administered by Services Australia (Child Support). Child support can be determined in several ways, including:

  • A Child Support Assessment, which is calculated using a formula by Services Australia.
  • A Limited Child Support Agreement.
  • A Binding Child Support Agreement.

At Cahill Family Lawyers, we assist clients navigating this complex system by clarifying their rights and responsibilities, and provide strategic support in resolving child support disputes between parents.

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Binding Child Support Agreements

A Binding Child Support Agreement is a written, legally enforceable agreement between parents of a child or children that sets out with certainty the financial support and responsibilities of each parent as they relate to their child or children. As opposed to informal arrangements, a Binding Child Support Agreement is designed to provide certainty and clarity for parents of a child or children, which may mitigate disputes that arise.

To be valid and enforceable, a Binding Child Support Agreement must be registered with the requirements set out in the Child Support (Assessment) Act 1989 and must be registered with the Child Support Agency. For a Binding Child Support Agreement to be valid and enforceable, each party must obtain independent legal advice prior to entering into the agreement.

At Cahill Family Lawyers, our experienced team will guide you through the process of drafting, reviewing and finalising a Binding Child Support Agreement, tailored to your family’s needs.

Child Support Assessment

At Cahill Family Lawyers, we understand that navigating the complex area of child support can be challenging . That is why, we are proud to offer clear, compassionate and practical legal guidance tailored to your individual circumstances, to help parents understand their rights and obligations under the Australia child support framework, as governed by the Child Support (Assessment) Act 1989 (Cth) and the Child Support (Registration and Collection) Act 1988 (Cth).

Whether you are seeking to establish, review or challenge a child support assessment, our dedicated family law team is here to help.

We can assist you by:

      Helping you understand your obligations and entitlements

      We can explain to you how child support works in Australia, including the role of Services Australia (Child Support Agency), and help you better understand your rights and responsibilities.

      Estimating child support payments

      We assist in estimating potential child support payments by utilising the Child Support Estimator tool, provided by Services Australia, which is based on various factors including, but not limited to, taxable income, percentage of care of the child or children, and the number of children the assessment is for.

      Reviewing assessments

      We assist in reviewing existing child support assessments, ensuring they accurately reflect your current financial situation and the current care arrangements for your child or children. If your circumstances have changed since the assessment was undertaken and when child support was calculated, we can guide you through the appropriate steps to request a reassessment or variation.

      Advice on agreements

      If there is an agreement between parties in relation to child support arrangements for your child or children, we can assist you in formalising this agreement through either a Binding Child Support Agreement or a Limited Child Support Agreement (depending on the nature of the agreement), to ensure that your rights are protected and your agreement is enforceable.

      Child support arrears

      If the other parent is in arrears on their child support payments, we can provide you with advice as to your options for enforcement through Services Australia, or where appropriate, alternative steps to recover unpaid child support. For example, negotiating a payment arrangement or seeking administrative remedies.

      Disclaimer:

      The information provided on this page is of a general nature and does not constitute legal advice. Child support matters can be complex legal matters and depend on individual circumstances and existing agreements. We recommend that you contact our office directly for tailored legal advice, suited to your individual needs and circumstances.