Child support lawyers – helping you to financially support your children.

Generally speaking Services Australia – Child Support is the government department tasked with assessing child support.   To have your child support assessed and for other useful information on child support matters visit Services Australia.

The child support formula among other things includes working out your child support income, the parties’ combined child support income, your care percentage and the cost of your child. Taking into account these and other matters, your child support amount is then worked out.

In some circumstances parties may apply for an administrative (internal) review of their child support assessment.  Grounds for a review include matters such as the costs of raising the child are significantly affected because of their special needs, the child support assessment is unfair because of the income, earning capacity, property or financial resources of one or both parents and/or the costs of raising the child are significantly affected because the child is being cared for, educated or trained in the way both parents intended e.g. private school.

Generally speaking, the first step would be to get a DNA test to determine paternity.  You may then have to apply to the court for a declaration that you should not be assessed for child support as you are not a parent of the child.  Pending the court’s decision, you must continue to pay child support but the Child Support Registrar will keep your payments and will not distribute child support to the other party.

Yes, if the other party agrees.  You may chose to have an informal agreement in place or you may prefer to formalise your own child support agreement.  In this respect there are two options available to you namely a limited child support agreement or a binding child support agreement.  Different criteria apply to the agreements.  You should take legal advice on your options to best formalise your child support agreement.

When determining child support amounts, courts typically consider both parents’ incomes, the child’s needs, and the amount of time the child spends with each parent. Other factors can include the child’s age, health, and the standard of living the child was accustomed to before the separation.

Yes, child support can be modified if there is a significant change in circumstances, such as a change in income or a change in the child’s needs. It’s recommended to seek legal advice to navigate the modification process.

Child support generally lasts until the child turns 18, but it can extend if the child is still in secondary education or has special needs. It may end earlier if the child becomes financially independent or in other specific circumstances outlined by the court.

Yes, in certain circumstances, child support can be awarded retroactively. This typically occurs if there has been a delay in the official establishment of paternity or the child support order. You should seek legal advice to understand the specifics in your case.

Changes in financial circumstances can significantly impact child support obligations. Courts may adjust the payment amount to reflect the current financial circumstances of both parties, ensuring the child’s needs are met adequately.

Joint custody or shared parenting can influence child support obligations. The amount might be adjusted based on the time the child spends with each parent, and the financial contributions each parent makes towards the child’s upbringing.

Remarriage or having additional children can potentially affect child support obligations. Courts may consider the financial responsibilities towards the new spouse or additional children when determining child support amounts, ensuring fair and equitable arrangements.

Income withholding is a legal process where a portion of the non-custodial parent’s income is directly withheld to cover child support payments, ensuring a steady and timely payment to assist in the child’s upbringing.

To establish paternity, you may need to undertake DNA testing or acknowledge paternity through legal documentation. Establishing paternity legally ascertains the child’s biological father, making him responsible for supporting the child financially.