Child Support Lawyers – Adelaide

Both parents are legally required to financially support their children during a relationship and after separation.

Child support is the amount to be paid by you, or by your former partner or spouse, after you have separated.

At Bambrick Legal, our dedicated child support lawyers are here to assist you with valuable advice and support on child-related matters.

What Is a Binding Child Support Agreement?

A binding child support agreement is a formal document that allows parents to make arrangements for the financial support of their children, outside of the standard assessment by the Child Support Agency.

It is legally binding, meaning once signed, both parties are required to adhere to its terms.

This agreement offers flexibility and control, enabling families to make arrangements that best suit their unique circumstances.

Benefits of a Binding Child Support Agreement

Primarily, they offer certainty and clarity to both parents about support payments, which can be particularly reassuring during the often uncertain times of separation.

Unlike standard assessments, which can vary based on changing circumstances, a binding child support agreement sets out agreed terms that can only be altered with mutual consent or Court approval.

This stability can be invaluable for long-term financial planning and ensuring the needs of the children are met consistently.

How Is Child Support Determined?

A binding child support agreement can be agreed between you and your former partner or spouse, or it can be assessed by the Child Support Agency using a statutory formula.

The formula takes into account the income and circumstances of each parent, including who has primary ‘care’ of the children (no longer called ‘custody’) and how much time the children spend with the other parent.

You can read more about parenting arrangements and child custody here.

In addition to the CSA Act, the following legislation and rules may also apply, depending on the circumstances of the case:

• Child Support (Registration and Collection) Act 1988 (Cth);
• Family Law Act 1975 (Cth);
• Administrative Appeals Tribunal Act 1975 (Cth); and
• Family Law Rules 2021 (Cth).

What Happens if the Other Parent Stops Making Payments?

If you have a binding child support agreement (or a limited agreement) and the other parent stops making payments, you will need to make an application to the Court for enforcement orders.

We can assist you with this type of application.

What Happens if the Other Parent Lives Overseas?

Many countries have reciprocal arrangements with Australia, allowing the Agency to enforce child support arrangements even if you or your former partner is living overseas.

However, each country is different, so we recommend making arrangements through Services Australia (formerly, the ‘Department of Human Services’).

Sometimes, Services Australia can take enforcement action against a party living in a country without a reciprocal arrangement with Australia.

Child Support Calculator

Services Australia has a child support calculator which can provide you with an estimate as to how much you may expect to pay or receive.

It is important to be mindful that the calculator may not be accurate and should be used as a rough guide only (the calculator can be accessed here).

It is strongly recommended that you obtain legal advice as to your rights and obligations before making any decisions.

Changing or Revoking a Binding Child Support Agreement

While binding child support agreements are designed to provide long-term stability, life’s unpredictable nature means circumstances can change, necessitating adjustments to the agreement.

Parents can mutually agree to terminate or alter an agreement at any time if both parties consent in writing.

Alternatively, if significant changes occur – such as a drastic change in a parent’s financial situation, or a change in the child’s needs — the Court can be approached to set aside or vary the agreement.

However, this is subject to strict legal criteria, underscoring the importance of obtaining expert legal advice.

Why Choose Our Child Support Lawyers

When you choose our team of Child Support lawyers, you gain access to a range of benefits tailored to your unique situation:

1. Clear & Competitive Fees

We offer transparent and competitive pricing, ensuring you can plan your legal journey with confidence.

2. Caring Legal Professionals

Our lawyers genuinely care about you and your family, providing compassionate support during challenging times.

3. Efficient Legal Solutions

With more than 10 years of experience, our legal team understands children’s matters inside and out, ensuring everything is handled smoothly for you.

4. Multilingual Support

Fluent in English, Mandarin, Cantonese, Spanish, and Italian, our team ensures clear communication and understanding of your unique needs.

5. Tailored Solutions

Regardless of the complexity of your situation, our experienced child support lawyers work closely with you to develop custom legal strategies aligned with your objectives.

6. Comprehensive Services

We can advise you on an agreement you have reached with your former partner, and we can then create a formal legal document for filing with the Agency in those terms.

We can also help you negotiate matters, such as school fees or medical expenses, that you may wish to cover in your agreement.

We can also help you with the following child support-related issues:

• Payment defaults,
• Changed circumstances,
• Disputes over the reported income levels, and
• Support for a child over 18 years who has a disability or is completing studies.

Understanding Our Costs

Fees at Bambrick Legal are competitive and cost-effective.

We need to fully understand your needs to provide you with an accurate cost estimate.

This ensures that our services align perfectly with your requirements.

Book Your Free Consultation

Your first consultation with our team of child support lawyers is always free.

Book yours now to explore how we can assist you.

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