Legal Advice on Child Support
In Australia, each parent has a responsibility to maintain their children financially. Separated parents have three distinct options in relation to child support:-
- The parents can privately organise how they will meet their children’s expenses;
- Having the Child Support Agency asses both parents and determine each parents liability to pay child support; or
- To enter into a Binding Child Support Agreement.
As an Accredited Family Law Specialist and member of the Law Council of Australia – Family Law Section, our Principal Glenn Thexton is able to provide you with practical advice about which option is best suited to your particular circumstances. Please feel free to call us on 1300 388 288 or our Glenn Thexton directly on 0410 639 921 for a free initial consultation and general advice about your options moving forward.
Template Document: Template Instruction Sheet - Child Support.DOCX
The Child Support Agency (‘CSA’) has the power to order that a parent pay to another parent a certain amount of money by way of child support – this is called an administrative assessment. A parent can apply for an administrative assessment at any time. If you are liable to pay an administrative assessment or want your partner to pay child support to you, please call us to discuss the process and implications of having an administrative assessment.
If you believe that there is certain information that the CSA has omitted, such as the incomes of the parties or the time spent with the children, there are strict time limits that must be adhered to if you wish to appeal. You have the option of being able to have the administrative assessment reviewed internally by the CSA, or appealing to the Social Securities Appeal Tribunal or the Federal Circuit Court of Australia.
We also have experience with DNA and paternity testing issues, listing of parents on birth certificates, and liability of parents to pay private school fees where they no longer have the financial capacity to do so.
Please feel free to Call Us @ 1300 388 298 to discuss your situation.
A Binding Child Support Agreement (‘BCSA’) is a private and legally binding agreement that can be entered into between parents. Entering into BCSA means that the parties are free to decide how much they will pay to the other parent in child support.
This type of agreement is more advantageous than an administrative assessment as it gives all of the power to the parties to decide the amount of child support they will pay. A BCSA is also legally binding and once it has been entered into and both parties have received independent legal advice, a BCSA locks in the amounts owed and is not subject to change, except by a further agreement.
As an Accredited Family Law Specialist, our Glenn Thexton has drafted many BCSA’s and helped clients navigate the child support scheme.