Child Custody Lawyers Townsville

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Child Custody Lawyers Townsville

Expert Family Lawyers in Townsville

We understand that child support law can be complex and overwhelming. That’s why our team of family lawyers are here to offer their expertise and support to help you navigate through every step of your case. 

We can find the best possible solution for you and your family, all while making sure your rights are protected. We are dedicated to helping you and those who matter most to you, by: 

  • coordinating with the Department of Human Services (Child Support) on your behalf
  • negotiating payment arrangements with the other parent if they owe money
  • assisting with establishing child support agreements between you and the other parent
  • representing you at the Tribunal or in court.

Contact our family lawyers for expert advice at an initial consultation.

Fixed Fee Options Available

Call us now for an over-the-phone or face-to-face consultation

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07 4752 0290

Child support agreements: the law

A Child Support Agreement is a legal document that helps parents make formal financial arrangements for their children’s support. Under the law, both parents must provide financial support for their children until they reach 18 years of age. However, in some cases, this responsibility may extend beyond that age.

Parents can pay child support through different arrangements. The Department of Human Services (DOHS) can determine child support, or it can be done privately. 

The most common payment is one where the DOHS determines the amount. We recommend contacting the DOHS as soon as possible after you separate. They will inform you of the amount of child support you are entitled to, or how much you may need to pay. 

Parents can opt to create a private, written agreement together that can then be lodged with the DOHS. Alternatively, they can have an unwritten agreement with the other parent.

It’s important to keep in mind that child support payments may not just be a regular monthly amount. In some cases, you may also be responsible for covering school fees, medical expenses, or the costs of extracurricular activities. Additionally, you may need to make a one-time lump-sum payment.

To ensure you receive the support your children are entitled to, arrange an appointment with one of our family lawyers today.

Child Support Arrangements

You can manage your child support in the following ways:

  • Self-management. Where both parents manage child support themselves without a child support assessment.
  • Child Support Assessment. Where the Child Support Agency calculates how much child support is payable.
  • Child Support Agreement. These are either limited child support agreements or binding child support agreements. Learn more about the two types of child support agreements here

Child Support Arrangements can be split into three distinct categories:

  • Periodic payments. These are scheduled recurring, financial payments made by one parent to another.
  • Non-periodic payments. One parent may make occasional payments for specific purposes, like school fees.
  • Lump-sum payments of a specified amount. The lump-sum payment may be in the form of cash or property transfer, and it must be equal to or greater than the annual child support liability assessed by the DOHS.

Limited and Binding Child Support Agreements

Before entering into a limited child support agreement, a child support evaluation is necessary. This requirement also applies if you’re considering a lump sum binding agreement. The payments stipulated in the limited agreement should be equivalent to or exceed the annual rate determined in the assessment. 

Parties can create a limited agreement without a lawyer. However, obtaining legal advice and a legal certificate for a Binding Child Support Agreement is required. The child support amount stipulated in a binding agreement can either exceed or be less than the amount determined by a child support assessment.

Contact our Townsville family lawyers for an initial consultation. They can help you with your child support issues or provide guidance based on your specific situation.

Frequently Asked Questions

How is child support calculated?

Child support is calculated by the DOHS, using an eight-step formula. The calculation considers each parent’s income, the number of children and how much time each child spends with their parents. Other considerations, such as the cost of raising a child and the children’s age, may also impact the calculation. We recommend you seek advice from an expert family lawyer.

Should you pay anything more than child support?

Legally, you are obligated to pay only the amount stipulated within the child support assessment. However, you may choose to make additional payments for one-off expenses or purchases based on your children’s needs. Such payments will not impact the child support assessment, and there will be no expectation to increase the amount permanently.

What if a parent lives outside Australia?

If a parent lives outside of Australia and cannot collect child support, it is still possible to send a child support assessment to the country where the parent lives if they reside within a reciprocating jurisdiction. Payments can be deducted from bank accounts if the recipient has income or assets in Australia. Contact our lawyers for more information.

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