Where a marriage or de facto relationship has broken down and there are children involved, the law requires that parents contribute to the financial support of their children, irrespective of whether they are living with the child or not.
Where the parents are unable to reach a mutually satisfactory agreement regarding financial support, the Child Support Agency is able to make a determination that requires the party not living with the child to pay financial support. The amount of this support differs from case to case and is determined on a number of factors including family income.
The Child Support Agency is also empowered to enforce the payment of child support. We can advise you on your rights in the event that a dispute arises regarding child support payments.
Our Family Law Team assists parents every day in the complex area of child custody/parenting orders. Where a dispute has occurred, we can guide and advise you to help expedite a resolution and ensure that your children’s interests are taken care of. Click here to find out more about Child Custody.
Frequently Asked Questions
He/she just doesn't pay and the Agency don't chase him/her – what can I do?
The processes in child support are complex, after an assessment/review/tribunal process/Court, all of which can be used to reassess/garnishee wages/freeze bank accounts or even prevent overseas travel by a spouse not paying.
Am I eligible for both spousal maintenance and child support?
Spouse maintenance is for you and is separate and additional to child support for the children and is also separate and additional to your property rights.
He/she spends the child support money on drugs and parties can I stop this?
Yes. Orders can be obtained to pay school fees/sports clubs/child minding directly so that your contribution goes to the correct location. But if you do it yourself without an Order you often have to pay twice! So get advice.
My ex-partner hides their income in their company, can I get it?
Yes, “income in kind” such as cars and related costs, nanny’s, food, rent and even dry-cleaning can be added to taxable income to show the “real income” to calculate for child support.
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