Child Support Lawyer In Sydney

Our child support lawyers can assist with a variety of issues, from facilitating negotiations and representing you in court to ensuring compliance with child support orders. We focus on creating fair and compliant child support arrangements while prioritising the child’s best interests. If you need help with any aspect of child support, take advantage of our FREE phone consultation to speak to a family lawyer &discuss your situation.

Child Support Disagreement

As a team of Child Support lawyers in Sydney, O’Loan Family Law understands that having a child is a big responsibility, especially when children are not living with you in the event of separation. It is even bigger when you are responsible for paying child support to another parent. If you are struggling to pay child support, we can help you sort out the details of your case and negotiate a fair settlement during this difficult time.

We are dedicated to helping parents navigate the legal process of establishing and enforcing child support orders. We are committed to providing quality representation to both parties involved in these cases, which means we’ll fight for your rights and advocate for your interests in your child support matters.

What Is Child Support?

In Australia, parents who share parenting responsibilities equally are entitled to receive equal financial assistance from their partner or former partner. This is called shared parental responsibility (SPR). If both parties agree to split the costs of raising children, they can apply for child support payments.

Child support is a financial obligation imposed on parents who have children under 18 years old. The amount varies depending on the number of children, their ages, and whether they live with both parents or only one parent.

Child support is paid directly to the parent who has primary care for the child. The amount varies depending on the number of children involved and whether the parents live together or apart.

Different Types Of Child Support

There are two main types of categories of Child Support arrangements in Australia: income-based and time-based. Income-based child support is calculated using the federal government guidelines and is paid directly into the recipient’s bank account every fortnight. Time-based child support is usually paid weekly or biweekly and is deducted from the pay of the noncustodial parent.

Income-Based Child Support

Income based child support is generally higher than time-based child support because it considers the cost of raising children.

Time-Based Child Support

Time based child support is usually paid weekly or biweekly. In some states, such as New South Wales, there is no difference between the two forms of child support.

The Collection of Child Support

There are a few different types of agreements for Child Support payment options.

Self-management

This involves private child support agreements between the parents without the involvement of Services Australia. This is a good option for parents who have an amicable separation and can approach the subject of money to support with each other and do not require further financial support. Payment of child support through this method is self-managed, so the parents will not be eligible for more than a base rate Centrelink benefit.

Private collection

This occurs when the case is registered with Services Australia or an agreement through the court that has set the amount.

Child Support collection

In this instance, Services Australia will determine how the parents pay, when the parents pay and the collection method. Child Support debts can be enforced by Services Australia.

The Child Support Process

Child Support is a financial obligation imposed upon parents who fail to provide adequate care for their children. The amount of Child Support paid varies from state to state. In some states, the amount of Child Support is determined by the court system. Other states require the parties involved to agree on the amount of Child Support prior to going to court.

You can calculate the amount of Child Support you owe using our Child Support calculator/ estimator. The Child Support estimator helps you determine the amount of Child Support owed and the percentage of income you should pay towards your child.

There is an 8-step process of the basic Child Support formula outlined below:

1. Child Support Income

A parent’s dependent child can be their biological child or adopted child, or in limited circumstances, their stepchild. Services Australia will calculate each parent’s child support income.

2. Combined Child Support Income

This is calculated by adding together the parents’ child support income. The Australian Taxation Office will provide Services Australian with the parents’ tax returns and taxable income.

3. Income Percentage

Each parent’s income percentage is calculated by dividing the parent’s child support income by the combined child support income.

4. Percentage of Care

This is calculated based on a carer parent or non-parent carer’s percentage of care is the percentage of care of the child the person is likely to have over the care period.

5. Cost Percentage

This involves calculating each parent’s cost percentage.

6. Child support percentage

Services Australia subtracts the cost percentage from the income percentage for each parent. The result will determine if a parent pays or gets child support.

7. Costs of The Child

The costs of children is calculated based on the parents’ combined total income.

8. Annual Rate of Child Support For The Child

This is calculated by multiplying the positive child support percentage by the costs of the child.

Commonly Asked Questions About Child Support

Child Support is a payment from a parent who has custody of their children to another parent who does not have custody of their children. The amount paid varies depending on the number of children involved and whether or not they live with both parents.

Child support payments are usually ordered by a court. If you are receiving child support payments, you should contact the Department of Human Services (DHS) to check if you are eligible.

In Australia, the government has a system called the Child Support Agency (CSA) where parents who fail to meet their Child Support obligations face penalties such as wage garnishment or having their driver’s license suspended.

The CSA was established in 1996 to ensure children receive adequate financial support from both parents. Parents who don’t comply with the law risk being prosecuted by the Australian Federal Police.

Parents who fail to meet their legal obligation to provide child support are often charged with contempt of court. If they continue to ignore the order, they may also be jailed.

If the Other Parent refuses to pay child support and the case is registered with Services Australia Child Support, the receiving parent can collect the payment through Child Support Collect.

Child Support is based on the number of children you have, how old they are, and the financial circumstances of each parent. The amount of child support you receive depends on the state where you live and whether you have custody or visitation rights.

If you disagree with child support decisions, you should contact the court and ask for a review. The judge may decide to change the amount of money he/she has ordered you to pay.

A parent can also contact Services Australia for an internal review of assessments of Child Support contributions

If there is an allegation of family violence, you should wait to make a Child Support assessment until you have a comprehensive understanding of the process. You may be eligible for other benefit payments.

Speak With A Child Support Specialist

Parents will need legal advice if they enter into a Binding Agreement or if they want a court order. Whether you are facing a divorce, paternity suit, or another case involving child custody and visitation, we are here to help. Feel free to contact us to schedule an obligation-free Initial Consultation to discuss how we can provide you with the appropriate legal advice for your Child Support issues. As Family Law specialists, we will try our best to provide you with a favourable outcome in your family law matter.

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Our Process

Family law can feel confusing and overwhelming. We’ve broken this down to be as simple as possible. This is what the journey looks like ahead. Our simple 6-step process to resolve your matter & allow you to move forward towards a better, happier and more fulfilled life.

Step 1:
Book Your Free Consultation

Your first step is to get in touch to schedule your free telephone consultation with one of our experienced family lawyers. If you're ready to sit down with us for a longer meeting, head straight to Step 3.

Step 2:
Your Free 15-Minute Call

This is your time to speak with one of our experienced family lawyers over the phone, so that we can get to know each other and discuss the basic details of your current situation. There is no cost involved.

Step 3:
Your Initial Consultation

Spend 60-90 minutes discussing the specifics, particularly regarding parenting and property. You'll receive initial advice, a clear roadmap for next steps, identification of key issues, and recommendations for specialist consultations if necessary.

Step 4:
Your Unique Strategy

Once we have all of your relevant information, we are able to prepare detailed next steps for you, to work together with you to meet your goals and your individual circumstances.

Step 5:
Next Steps & Ongoing Support

We'll keep you informed throughout your separation journey and provide you with the support you need to be able to move forward with your life. We'll keep you updated about tracking towards your separation goals and your timeframe, so that you can properly plan for your future.

Step 6:
Resolution & Moving Forward

Lots of separated couples reach an agreement and we strive to ensure that this is your reality. However, in the event you need to commence Court proceedings, or respond to an application that your ex has commenced, we'll support you with robust strategies and continue to work toward resolution without the need to rely on the Court to make a decision about your future.

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Take advantage of our FREE CONSULTATION with an experienced family lawyer to discuss your situation, find out what your options are & make a plan on what to do next.