Child Support

Child Support Lawyers 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.

Child Support 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 & Enforcement

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 vs Binding 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.

Our Role in Your Child Support Arrangements

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 Initial 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

Talk to a Specialist to Get Your Child Support Sorted

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.