Child Support Lawyers Melbourne

Ensure a fair child support arrangement with legal guidance from our Melbourne lawyers. We help parents secure the best outcomes.

Accredited Family Law Specialists

Our team’s extensive expertise will empower you with the knowledge to make informed decisions about your future, including organising child support arrangements that ensure your children’s financial security.

Family Law Expertise

Experience empathetic support as we assist with your parenting matters, helping you understand your rights and obligations in child support. We take a holistic approach, providing guidance with compassion at every stage.

Integrity-Based Negotiations

We prioritise fair and respectful negotiations, aiming for amicable agreements that efficiently resolve your child support matters while avoiding court proceedings wherever possible.

Our Melbourne team of child support lawyers are here to help.

When a relationship ends, it is important to address the financial needs of children through child support. Whether you are going through a divorce or finalising a de facto relationship, you may be eligible for or required to pay child support.

Seeking legal advice is essential to understand your rights and responsibilities under the Family Law Act. Child support can be arranged through a binding child support agreement or via the Australian government’s Child Support Agency Scheme (Services Australia), ensuring the financial wellbeing of your children.

Expertise and advice for child support matters.

We help you understand how child support works by explaining the various arrangements, including receivable and payable amounts.

We can help you with:

Child support applications
Understanding your child support assessment
Negotiating private child support agreements
Drafting private child support arrangements (Binding, limited)
Recovery of unpaid or overpaid child support amounts

Our team clearly explains the differences between these options, helping you understand your rights and obligations. Whether you need help negotiating an agreement or managing Child Support Agency arrangements, we ensure you make informed decisions that support your child’s financial needs.

What type of child support agreement is right for us?

In Australia, Child Support is a legal requirement for many separated couples to ensure that children are provided for after their parent’s relationship ends. Payment amounts can vary significantly and will reflect a family’s circumstances. Without understanding care arrangements and both party’s financial resources, it’s very difficult to provide advice on which type is best for your family.

There are two ways to organise Child Support payments in Australia. Private child support agreements, whether binding or limited, may provide more certainty for both parties. These agreements stipulate the amounts to be paid and whether things like school fees or other needs will be covered. The costs of drafting these arrangements are a consideration for some, but they can make things much easier in the long term.

A Services Australia Child Support Agreement is calculated under the Child Support Assessment Act and does not cost to initiate, but it can have many confusing variables.

What is a private arrangement for Child Support?

Child support can be organised between you and your former spouse or former de facto partner as a private agreement formalised by a Limited or Binding Child Support Agreement. This legal document will define any amounts to be paid, whether regularly or periodically. Many couples choose to reach an agreement this way, based on what is fair and reasonable and the financial resources available to both parties.

If circumstances change, these agreements can be terminated (both parties’ consent is required), and a new agreement can be created. For instance, if either party’s income amounts significantly change, a new marriage or relationship occurs, or when one parent takes on more or less care of children covered by the agreement.

How does the Services Australia Child Support Scheme work?

Services Australia uses a complex mathematical formula to create an assessment for Child support liability and receivable payments. This is based on the taxable income of both parties and the number of nights each parent spends with the child/children, but a myriad of variables affect the overall amount assessed. If you choose to make an Application for Child Support through Services Australia, they can collect the payments on your behalf (“agency collect“), or you can agree for your former spouse to pay maintenance to you directly, which is known as ‘private collection’.

If a payment or payments are not made, Services Australia will attempt to collect the outstanding amounts on your behalf if you have an ‘agency collect’ agreement in place. This may include taking money from the payer’s income, intercepting their tax return, and other debt collection methods. If you have a private collection arrangement and a debt arises, you may need to change your arrangement into an “agency collect” arrangement for any future amounts owing to be collected.

For more information on government child support arrangements, please visit Services Australia.

Do time limits apply?

Yes, there are time limits for child support claims after a divorce or separation. While there isn’t a strict deadline like the 12-month rule for spousal maintenance, it’s important to initiate a child support claim as soon as possible to ensure proper financial arrangements. Delays may complicate the process or impact the support arrangements. If you need more guidance, seeking legal advice early on is highly recommended.

Child support in Australia generally continues until a child turns 18 years old. However, there are exceptions in certain circumstances:

If the child is still in school
If the child is unable to support themselves

It’s important to review your circumstances with a legal expert to understand your specific obligations and rights.

Let our team assist you in arranging child support payments with your former partner.

To book an appointment with one of our experienced family lawyers, please Book an Appointment today. We will ensure you have the information and support required to reach a fair and equitable arrangement.