Child Support Lawyer Melbourne
Our Practices
Child support advice for parents in Melbourne
After parents’ separation, child support becomes an essential part of making sure that a child’s needs are met. Australia has a formula-based system to determine a parent’s financial obligations to their children. There are also pathways for parents to make private agreements on providing for their child that better reflect their practical realities. Factors such as fluctuations in income, care arrangements, a child’s education, and other variables are crucial to consider when determining the best course of action to support a child. Our team of industry-leading experts in family law at Schetzer Papaleo Family Lawyers can assist you by helping you understand your obligations to your child, giving you cost-effective options, and suggesting workable arrangements with your child’s well-being at the forefront of the plan.
How child support works in practice
These arrangements are typically assessed by Services Australia, taking into account factors such as each parent’s taxable income, the number of nights the children are in their care, the children’s ages, and the estimated costs of raising a child at a given age.
Parents, however, are not limited to this standard assessment system. The law provides parents with the opportunity to enter into private agreements that better reflect their situation and afford a level of flexibility on a case-by-case basis. These agreements can cover periodic payments, lump sums, or other specific expenses.
Parenting orders and care arrangements closely interact with child support arrangements, making it important to align parenting and child maintenance strategies to prevent disputes and unintended financial consequences. Legal advice from an experienced family lawyer can support you in dealing with your concerns and what options are best for your circumstances.
Changes, disputes and unpaid child support
In circumstances where the standard assessment becomes unfair, as in the case of inflated expenses, or a parent’s income not accurately reflecting their income, Services Australia can change the assessment. Similarly, it is possible to change the terms of a private agreement if its terms are no longer appropriate.
If support obligations are not being fulfilled, or the terms of a private agreement are not being adhered to, enforcement action may become necessary, including going to Court in difficult cases.
Early advice from an experienced family lawyer is critical to ensuring that obligations are met and that the appropriate steps are taken to enforce them.
Limited and binding child support agreements
Limited and binding agreements are the two main types of private child support agreements. Both are written agreements for support payments, but they differ in terms of restrictions and flexibility.
Limited agreements are generally more flexible and easier to review and modify. Parents are required to have an existing assessment from Services Australia before entering into this type of agreement, and the amount of child maintenance payable under the agreement must be at least equal to the assessed amount.
Binding agreements are more permanent, offering more certainty. They typically stay in place until a child turns 18 or finishes school, and can only be changed or terminated in certain circumstances. Before signing this type of agreement, both parents must obtain independent legal advice from a qualified family lawyer.
Both agreements are highly complex, and deciding which is right for you can be difficult. Seeking specialised legal advice from a qualified family lawyer is important before proceeding with any agreements.
How SP Family Lawyers can help with child support
Schetzer Papaleo Family Lawyers protect your interests by helping you navigate child maintenance matters through expert analysis in light of your circumstances. We give you advice on various scenarios to determine the optimal pathway for you, tailored to your specific situation. We can also assist you in drafting your private agreement and, if necessary, develop enforcement strategies for unpaid child maintenance. Every step of the way, our team of experienced family lawyers can advise you and guide you towards the ideal arrangement.
Preparing for your first child support consultation
Having helpful documents and relevant information ready during your initial consultation enables our family lawyers to provide practical and straightforward advice from the outset.
Some helpful documents and information you can prepare include:
- Recent income documents
- Summary of current care arrangements
- Copies of any existing child support assessment or agreement
- Prior correspondence with Services Australia or the other parent
Speak with a child support lawyer in Melbourne
Issues involving child maintenance, if unresolved, can quickly become financially draining and increasingly stressful. Schetzer Papaleo Family Lawyers can provide the informed legal advice you need to get your affairs in order. Call us at +61 3 8602 2000 or email us at admin@spfamilylawyers.com.au for advice tailored to your family and your financial circumstances.
Frequently Asked Questions
Do I need a lawyer for child support?
You may not need a lawyer for every child support issue, but legal advice can be helpful where arrangements are disputed, income or care arrangements are complex, a private agreement is being considered, or unpaid support needs to be addressed. Advice should be tailored to your circumstances.
How is child support calculated in Australia?
Child support is commonly assessed through Services Australia using factors such as each parent’s income, the children’s ages and care arrangements. Some families may also consider private agreements that better reflect their practical circumstances.
Can parents make their own child support agreement?
Parents may be able to make private child support arrangements, including limited or binding child support agreements. These agreements can deal with periodic payments, lump sums or specific expenses, depending on the circumstances. Legal advice is important before signing an agreement.
What is the difference between a limited and binding child support agreement?
A limited child support agreement is generally more flexible and is usually connected to an existing assessment. A binding child support agreement can provide more certainty but may be more difficult to change. Independent legal advice is generally required before entering into a binding agreement.
Can a child support assessment be changed?
In some circumstances, a child support assessment may be changed if it no longer reflects the family’s situation. This may involve changes in income, care arrangements, education costs, medical needs or other relevant factors. It is important to obtain advice about your options.
What can I do if child support is not being paid?
Options may depend on whether the support is assessed by Services Australia, set out in a private agreement or connected to other court orders. A family lawyer can help you understand possible enforcement pathways and the practical steps available in your circumstances.
Can child support include school fees or medical expenses?
Private child support arrangements may deal with specific expenses such as school fees, health costs or extracurricular activities, depending on the agreement and the family’s circumstances. The terms should be carefully drafted and reviewed before they are signed.
Does child support relate to parenting arrangements?
Yes. Care arrangements, including how much time a child spends with each parent, can affect child support assessments. Parenting arrangements and child support should be considered together so that financial and care arrangements are workable.
Can child support apply after a child turns 18?
In some situations, financial support may still be relevant after a child turns 18, such as where a child is continuing education or has particular needs. This area requires advice specific to the circumstances.
What if one parent lives overseas?
International child support issues can be more complex and may involve overseas collection, recognition of arrangements or practical enforcement issues. If one parent or child lives overseas, it is important to obtain advice early.
What should I bring to a child support consultation?
Helpful documents may include recent income records, details of current care arrangements, any child support assessment or agreement, relevant expenses and correspondence with Services Australia or the other parent.
Which offices can I contact for child support advice?
SP Family Lawyers assists clients through its Melbourne, Balwyn and Balaclava offices. You can contact the team to arrange a confidential consultation about your child support matter.
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What our clients have to say
I first met Daniel Myers some years ago during the very early stages of my family law matter. I had a previous bad experience with another law firm and approached Daniel after receiving a recommendation from a friend. I was seeking legal counsel for a highly difficult and volatile family law matter which involved: family violence protection orders, an inter-state appeal to the high court and child custody.
As soon as I met Daniel I felt at ease and comfortable as Daniel would listen to all of my concerns and would provide me with clarity on a variety of issues. When carrying out his duties, Daniel would always go above and beyond to respond to me in a timely and prompt manner and as a result, I never felt left in the dark or unsure of anything. Regardless if correspondence was positive or negative, Daniel would inform me immediately and explained what was required next during every step of the legal process.
There were several legal appearances which required interstate travel in which Daniel would always arrive prepared for and on time. In addition to this, throughout our matter Daniel was always respectful, diligent and persistent. Even during the most challenging areas of the legal process, Daniel would persevere and explore every potential avenue, leaving no stone unturned. Some areas of the case were extremely complex however Daniel’s sound analytical skills and forensic approach to problem-solving ultimately led to us receiving a positive case outcome – one I thought at many a time to be almost impossible.
Daniel is extremely rational-minded and works impeccably well under pressure, his attention to detail is second-to-none. I had many stressful moments in which Daniel efficiently and effectively addressed my concerns. Daniel always acted in the best interest of myself and my child and every decision made was with the best of intentions.
Each interaction I had with both Daniel, and his co-workers, was always a positive experience.
If I ever require legal representation again in the future, or if I knew someone who required legal representation of their own, I would highly recommend Daniel or a member of his team.
Thank you so much for all of your help and effort – I will be eternally grateful.
David and Kerry were excellent and achieved the best outcome possible. I would highly recommend them.
I cannot recommend Schetzer Papaleo Family Lawyers enough! I have been so lucky having Kerry Ktenas as my lawyer. She has been incredibly supportive, kind and professional throughout a stressful separation and has kept me sane during difficult times. Thank you for helping me gain freedom and happiness in my life again!
The hardest part of making your way through court is finding a decent lawyer. It’s painful and I know because I just came out the other side. Of the 50 or so I would have contacted Daniel Myers is on another level. Most are only concerned with how much money they can get out of you while Daniel has a genuine interest in your file. He drills down, understands the law in detail and has an uncanny ability to nail the most relevant issues. Daniel protects his clients by providing them with intelligent wise thoughtful counsel.
I was basically set upon by a pack of wolves and as soon as the opposition knew I had Daniel in my corner. They always had the towel nearby ready to throw it in. They don’t want to take him on because it means they have to work. This is how my matter resolved. Navigating your way through a legal matter and or court is a blood sport so let me give you some real first hand advice to make it a whole lot easier and get the result you are seeking. Start with Daniel Myers and finish with Daniel Myers. Don’t waste your time and put yourself through the pain of finding a lawyer. I just gave you the best. Daniel Myers.
I have been dealing with Andrew Papaleo for the last six years and most recently Kerry Ktenas in regards to Family Law. This Firm is highly professional and child focused, all of my matters have been resolved in a cost efficient, honest manner with outstanding results.
I am so grateful to Schetzer Papaleo, they have been fabulous, they are very professional and have helped me through some very difficult times.
I am impressed that they are family focused and they have been great to work with. I would highly recommend their services.
The whole team are friendly, efficient and welcoming. Would recommend unhesitatingly.
Thanks to Andrew and the team for their professionalism and their support throughout the whole process. And for amazing result. A special thanks to David for taking on a difficult task.