Child and Parenting Matters
Looking for a conveyancer or solicitor?
Child Support Lawyers
Who pays and who can claim child support?
Under Australian Family Law, all parents must contribute to financially supporting their child(ren). A parent must contribute to the costs of raising their child regardless of the type of relationship they had with their ex-partner (married, de facto, or no relationship).
What are the options for child support?
- Have the amount of support calculated by the Child Support Agency (CSA). The CSA is able to provide advice to parents as to the level of child support payable as assessed by the agency and is also able to collect the assessed payments. Sometimes assessment and collection of child support payments by the CSA is mandatory, for example, if the residential parent is in receipt of Centrelink benefits.
- Limited or Binding Child Support Agreements. Parents may reach their own agreement about the payment of child support without the involvement of the CSA and have it formalised through a Limited Child Support Agreement or a Binding Child Support Agreement.
- There are legal rights and obligations attached to these agreements, and certain steps must be undertaken to ensure the agreement is legally binding and enforceable. If you are considering entering into a Child Support Agreement you should obtain quality legal advice at an early stage.
Trusted legal advice, experienced representation
It may be necessary to seek legal advice in relation to an assessment of child support made by the Child Support Agency (CSA). Whether you’re the payee or the payer, it is not uncommon for parents to dispute the level of child support assessed and/or the manner in which the assessment has been calculated.
For parents looking to reach their own child support agreement, our expert legal team offers experienced and measured legal guidance and representation in the mediation and/or negotiation process. We will ensure you understand your obligations or entitlements and once all parties are satisfied, ensure the document becomes legally binding and enforceable by law.
Child Custody Lawyers
Taking child custody matters to court
If the matter remains unresolved after mediation is attempted, the Mediator will issue a section 60 I certificate. This is a certificate referred to in section 60 I of the Family Law Act, 1975. The issue of the certificate then allows a party to commence court action to obtain parenting orders.
Parenting court proceedings may take up to two (2) years (sometimes more) to be determined by the court on a final basis. Parties are encouraged throughout the process to reach an agreement to ensure their children’s best interests are served and the impact of the court process and parents conflict is lessened as much as possible.
Care and protection relates to proceedings before the Children’s Court NSW regarding the Children and Young Persons, (Care and Protection) Act 1998.
Where a parent(s) is deemed unable to look after their children themselves or provide adequate care and protection for their children, the Department of Family and Community Services (FACS) may intervene to remove the children from the parent or parents care.