The child support system in Australia can be complex. In many cases, a family lawyer can help you make sense of the system. They may also be able to take action on your behalf. In this article, we’ll look at some of the ways a family lawyer can help you with the difficult task of understanding child support.
In Australia, child support is governed by specific legislation. Services Australia administers these laws, and remarkably, courts are rarely involved in the process. Administrative assessments calculate how much child support is payable, but these calculations can sometimes be confusing. A legal expert can help you make sense of the system. Your lawyer also ensures you understand your rights and obligations during the process.
When the administrative assessment determined by Services Australia doesn’t suit your or the other parent’s needs, you can lodge an Agreement with the agency. If you and the other parent both agree to the terms of the agreement, you both must receive independent legal advice. So, if you want to lodge an agreement with the agency, you’ll need assistance from your lawyer.
In addition, if you want to make changes to existing agreements, you will also need legal representation. Typically, Australian courts do not make orders for the payment of child support except in cases where Services Australia is unable to do an appropriate administrative assessment.
Finally, a lawyer can also assist you with dispute resolution. Child support is an emotionally charged matter because it deals with your children and money – two of the most significant aspects of your life. Often, especially in the early stages of a separation, mediation is useful in coming to amicable agreements. This may not be specifically about child support but could include custody and other issues. The more you can agree on amicably, the smoother the separation process will be for all parties.
In terms of child support, mediation with lawyers can help parents come to a binding agreement that takes the place of an administrative assessment. They can also help with any proposed changes throughout the period that child support is payable.
*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.
