Child support is assessed by the Child Support Agency applying a formula which takes into account a number of factors including:
- The respective income of each parent;
- The level of care provided by each parent;
- The cost of care of children; and
- A self support component for each parent.
The formula is varied in certain circumstances, for example, where both parents pay child support to a third party carer or parents have other dependent children who are not included in the specific assessment.
Areas of Child Support Where LGM Family Law May Assist You Include
Obtaining a departure from a child support assessment to meet the particular needs of your child. We can assist you in seeking a departure from a child support assessment where special circumstances apply, including:
- Where there are additional costs to cover the children’s special needs;
- Where the child is being cared for, educated or trained in the manner that the parents expected (eg., attending private school);
- Where the child support assessment does not take into account the income, earning capacity, property or financial resources of a parent or a child;
- Where there are considerable costs involved for a parent to spend time with a child.
Preparing, Negotiating and Finalising Child Support Agreements
Parents may elect to enter into a child support agreement to provide for child support as agreed rather than relying upon an assessment calculated in accordance with the formula applied by the Child Support Agency. At LGM Family Law, we can assist by negotiating and preparing these agreements and attending to the technical requirements.
There are two types of child support agreements: binding child support agreements and limited child support agreements.
There are strict requirements that must be met in order to enter into a binding child support agreement, including each party obtaining independent legal advice and the provision of a statement signed by each legal practitioner regarding the advice having been given annexed to the agreement. A binding child support agreement may provide for child support in a lower amount than would be assessed under the formula applied by the Child Support Agency. That kind of agreement can only be terminated by a further written agreement or Court Order.
A limited child support agreement does not require independent legal advice but it can be terminated by either party at any time after the agreement is 3 years old as well as by entering into a fresh agreement or by a Court Order. There must be an assessment already in place and the agreement must provide for child support that is equal to or greater than the amount of that assessment.
Get in Touch
We prefer to meet you in person but are happy to have a telephone consultation if this suits you. At an initial consultation, we will take some particulars from you so that we can provide you with advice about the likely outcome at family law for your particular circumstances and estimated costs if you wish to proceed further.