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At BGM Family Lawyers, we’re here for you. With over 45 years of experience and a caring, one-on-one approach, we focus on helping you resolve your family law matters so that you can get on with your life.
Our three directors have a combined experience of nearly 60 years and are no strangers to dealing with complex cases.
Our child support lawyers are here to help you navigate your child support, whether that’s getting a child support assessment, entering into a Child Support Agreement, or simply understanding your child support payments and other child support arrangements.
Our family law experts are waiting to assist. Get in touch with us today to learn more.
Information on Child Support
Situations within family law are often stressful and can be incredibly challenging to navigate.
When it comes to the financial support of children, there are a variety of ways to determine the appropriate amount of support required. At BGM Family Lawyers, our experienced child support lawyers can help you understand what your options are, and what will work best for your unique situation.
What is child support?
Child support is a form of financial support payable by one parent to the other. It’s paid for the benefit of a child under the age of 18, to help cover the costs of day-to-day care. Child support typically takes one of two forms; an administrative assessment of child support or a private contract between parents called a Child Support Agreement. (An informal agreement between parents about child support also works for some parents, but such an arrangement is not binding or enforceable).
What is a Child Support Agreement?
At BGM Family Lawyers, we often recommend parents enter into a Child Support Agreement, which is a private arrangement regarding the financial support of a child. This is to ensure that the child is adequately provided for, in a way which is in keeping with the opportunities parents had decided on prior to separation.
About private Child Support Agreements
The administrative assessment of child support by the Child Support Agency is not for everyone. Parents who prefer to come to their own agreement can use their own contract. This is called a Child Support Agreement.
Child Support Agreements come in various types, with various life-cycles (from a few years to many years in length) and can provide for periodic support or non-periodic support, or both. This is depending on what parents agree is needed for each child. They can even provide for lump-sum payments of child support.
Private arrangements are established by way of formal written agreement. We recommend parents formalise any private arrangement reached. This is to provide certainty in respect of the payment of support and to prevent any future issues from arising. This can be done by entering into one of the following written agreements:
- a Binding Child Support Agreement; or
- a Limited Child Support Agreement.
There are situations in which the administrative assessment can be subject to review. Arrangements embodied in a Child Support Agreement are intended to record an outcome which more appropriately meets the circumstances of a particular family — this might include, for example, making provision for payment of private school fees.
Binding Child Support Agreements
A Binding Child Support Agreement allows parents to make a binding agreement about the amount of financial support and to (in some situations) remove the Child Support Agency from involvement in the calculation of child support for the term of the Agreement.
To enter into a Binding Child Support Agreement, each parent must receive independent legal advice. They need to be made aware of the advantages and disadvantages of the agreement before they enter it. This advice must be given by a legal practitioner.
It is not necessary for an administrative assessment to be sought from the Child Support Agency before entering the agreement.
Limited Child Support Agreements
Limited Child Support Agreements are also written agreements. Yet, they are more flexible than Binding Child Support Agreements, as they have a finite life of 18 months (and less if they vary too far from the administrative assessment). There must be a child support assessment already in place with the Child Support Agency (CSA) before entering a Limited Child Support Agreement.
The annual amount payable must be equal to, or more than, the amount assessed, or there may be consequences for the amount a parent receives from Centrelink. Unlike Binding Child Support Agreements, you’re not required to seek any legal advice prior to entering a Limited Child Support Agreement.
If a private agreement regarding child support cannot be reached between the parents, the CSA can assist in assessing (under an administrative assessment) and collecting child support. The amount of support payable is then determined by a variety of factors such as:
- The number of children;
- The age of the children;
- The incomes of both parents; and
- The amount of time each parent cares for the children.
Need legal assistance for your Child Support?
Our specialist family lawyers on the Gold Coast are here to help
Has your family situation recently changed? Do you need help understanding your child support assessment, want advice on the outcomes of the child support assessment, or want help entering into a private agreement for your child support payments?
With over 45 years of experience in family law matters, BGM Family Lawyers is here to help. If you’re looking for a family lawyer who can help you navigate this complicated and often stressful area of family law, chances are you’ll love working with one of our family law experts.
We focus on making the process as easy as possible for you while making sure that your child support matters are taken care of appropriately.
We will help you to ensure your child support payments are viable and fair
The payment of child support is, for some families, a sensitive issue. We can ensure the children of separated parents are provided for financially.
At BGM Family Lawyers, we can provide you with the best options to ensure that payments are fair and viable. As a specialist Family Law Firm on the Gold Coast, we can help prepare Child Support Agreements and navigate the child support system. We also look at ways child support can be incorporated into an overall property settlement.
For legal advice based on your individual situation, contact our experienced divorce and separation lawyers today on 1300 246 529.
FAQ
How is Child Support calculated?
Child Support payments are calculated using a number of pieces of information, and can vary depending on your specific circumstances.
Services Australia (Child Support) will calculate each parent's taxable income, and add these together to form the combined income for child support. The cost percentage and percentage of care for each parent is then calculated, using a Government care and cost table. The cost percentage of each parent is then subtracted from the income percentage. The parent who has a positive percentage will pay child support, while the parent with a negative percentage will receive child support. The cost of the child support is then calculated using the Costs of children formula. How much child support is paid per child is determined by multiplying the cost of the child figure by the child support percentage.
Sound complicated? Don't worry, that's what we're here for. At BGM Family Lawyers, we'll pair you with a lawyer for child support who can help you determine how much your child support should be, help you understand the ins and outs of the process, and help you ensure that your interests are represented in any agreements, proceedings and processes.
Is it best if I get the help of a child support lawyer near me?
If you're looking for a lawyer for child support and wondering, 'is it best if I get a child support lawyer near me?', the answer is that it depends on what works for you. If you prefer face-to-face appointments with your family lawyer, then choosing a child support lawyer near you will be ideal.
If you are happy with phone, email and video consults with your family law legal advisor for your child support matters, then your lawyer does not necessarily need to be near you. As long as your lawyer is experienced (or even accredited by their State Law Society) in family law, child support assessments, child support arrangements and all other areas of child support, and they are able to provide legal advice around family law matters, you can choose to receive expert advice from any location in Australia.
All my former partner has to do so that he/she does not have to pay any child support is to give up their job, or put all of their wealth in their new partner's name. Is this correct?
We see people do all sorts of things during a relationship breakdown. But our child support legislation is designed to see to it that children are supported at a rate which is appropriate in the circumstances of their family. This means that the Registrar of the Child Support Agency has the discretion to make a finding that if a person has voluntarily given up work, their child support liability should be calculated on the basis of their working capacity.
Similarly, if a parent makes himself or herself a ‘person of straw' by transferring their business to a third party (such as a new spouse), the Registrar can examine such things as how that parent is funding their lifestyle, and draw an inference that, if their living costs are being paid for them in the same manner as was the case prior to separation, the situation remains unaltered, and that the parent has access to income at the same level as was the case previously.
What is the Child Support Agreement process?
The process usually begins with getting in touch with experienced family lawyers or child support lawyers, to ensure that you are guided by professional legal advice throughout the process.
From there, both parties usually will negotiate, and determine, how much they will provide for the child or children.
The parents will then have their child support lawyer prepare the private agreement as to how the child support should be paid (how much, when, and by whom) and any other particulars that might be needed to ensure that the parents are able to meet their obligations, and, between them, carry the agreement into effect.
If a Child Support Agreement that both parents are content with cannot be reached, the parents may consider whether they are content either with no formal arrangement or with approaching Services Australia (Child Support) for an assessment of child support.
Following this child support assessment, either party can appeal the decision within the child support assessment by lodging an appeal to the Administrative Appeals Tribunal (Social Services and Child Support Division), and at this stage would be represented by their child support lawyer for the appeal.There are time limits applicable so you should seek legal advice at the earliest opportunity.
Other questions? We’re here to help.
If you have any other questions about your child support arrangements or the child support agreement process, please don’t hesitate to get in touch with our friendly team of child support lawyers. We’re here to help.
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