Child Support Lawyers in Sydney

1. What is child support? 
2. What does child support cover? 
3. What is the average amount of child support for one child? 
4. Who can get child support payments? 
5. Types of Child Support Agreements

A marriage separation or de facto relationship breakdown is a very stressful and emotional experience for the adults involved, but it’s also a very difficult time for the children of the relationship. 

To ensure a sense of security and stability for them, it’s important to prioritise the needs of the children. Our family lawyers have years of experience in child support matters and are here to help you every step of the way.

What is child support?

Child support is a continuous, recurring payment provided by a parent after a marriage separation or other comparable relationship ends for the financial benefit of a child.

What does child support cover?

In a broad sense, child support in NSW provides financial aid meant to cover various expenses related to the child’s well-being, including but not limited to: 

• Necessities such as food, clothing, and shelter. 
• Educational expenses such as school fees, books, and supplies. 
• Medical expenses such as health insurance and uninsured medical costs.

What is the average amount of child support for one child?

The basic formula for calculating an estimate of your child support payments is:

1. Work out each parent’s child support income,
2. Work out the parents’ combined income,
3. Work out each parent’s income percentage,
4. Work out each parent’s percentage of care,
5. Work out each parent’s cost percentage,
6. Work out each parent’s child support percentage,
7. Work out the costs of children,
8. Work out the child support amount.

Legal Recourse for Non-Payment

If a parent violates a legally binding agreement (such as a Binding Child Support Agreement), the other parent may file a lawsuit to enforce the terms of the agreement. According to the law, unpaid child and spousal support can be reclaimed by:

• Deducting from income support payments.
• Withholding from tax refunds.
• Collaborating with third-party entities.
• Employers or bank accounts deduction.
• Pursuing legal action.
• Initiating prosecution if necessary.

Who can get child support payments?

The legal parents of the children can claim child support payments, as well as non-parent carers if:

• You care for the child for at least 128 nights a year and,
• You aren’t the partner of either parent of the child.

Types of Child Support Agreements

These agreements, categorised as either “limited” or “binding,” provide parents with the flexibility to organize child support arrangements that suit both their needs and those of their children.

Binding Child Support Agreement

For a child support agreement to be legally binding, both parties must mutually decide on the payment amount, which can either exceed or fall short of the sum determined by a child support assessment. 

In order to receive child support through such a binding agreement, a parent must have custody of the child for at least 35% of the time. It’s important to understand how your share of care impacts the child support payments you’re entitled to. 

Both parents are required to obtain independent legal counsel, and each must acquire a legal certificate. Failure to do so renders the binding agreement void. However, it’s still possible to establish a limited child support agreement with the other parent.

Limited Child Support Agreement

Before we can approve a limited child support agreement, a child support assessment must be established. The agreed payments in the arrangement must meet or exceed the annual rate specified in the assessment. While it’s not mandatory to seek legal counsel before finalizing the agreement, you have the option to do so. 

To qualify for child support under such an agreement, a parent must have custody of the child for at least 35% of the time. Understanding how your share of care influences child support payments is important.

How to get child support NSW

You can get your child support in 3 different ways:

• get a child support assessment then transfer the money yourselves,
• get a child support assessment then Services Australia will collect and transfer the money,
• self-manage.

Child Support Agreement

A child support agreement is a documented agreement between parents (and/or a non-parental caregiver, if relevant) regarding the specified amount of child support and the method of payment. This agreement must be in written form and signed by all parties involved.

Child Support Assessment

You can receive a child support assessment from Services Australia.

Court ordered child support

If your child support matter is litigated, the court can order the payment of child support.