Child Support Lawyer In Sydney
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
Private collection
Child Support collection
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.