What Is Child Support?

In terms of family law, child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage. It is paid directly or indirectly for the care and support of children of a relationship that has been terminated (or in certain cases never existed).

Child support is different from a spousal support, which is paid for the support of a party of a relationship that typically has lesser income or decreased income earning ability.

The upbringing and development of children and a standard of living that is adequate for their development as a common responsibility of both parents is declared a fundamental human right for children by the 1992 UN Convention on the Rights of the Child. In Australia, the Family Law Act 1975 establishes guidelines for the implementation and collection of child support.

If you have any doubts related to child support – who should pay for it in your particular case, and how much – contact Withstand Lawyers today. Our team of child support lawyers is experienced in a vast array of cases concerning the financial matters in wellbeing of the child.

Child Support Case Study

Say a couple has 2 children, both of whom attend a private school, receive special after-school tutoring, and participate in a number of sports activities. The mother had acted as a primary homemaker throughout the relationship, but has switched to part-time employment following separation. The father, on the other hand, had been the primary breadwinner and had a much higher income than the mother.

It is often case that our clients who retain the primary care of the child or children are concerned about their ability to meet the costs of raising their children on a single income. Child support lawyers know this, as well as the courts. While the courts will work in the best interest of the child, your legal representative will also take your own circumstances into account, and work with you on the best possible outcome.

In many circumstances, the formula that the Child Support, Department of Human Services applies in determining an assessment for child support does not meet the circumstances of a particular family. This can happen when parents have chosen a hefty-priced private schools for their children, or if they have opted for a private health insurance.

In our case study, the mother was advised on the possibility to enter into a Binding Child Support Agreement. This agreement allowed the father to pay for the school fees, private health insurance and extracurricular activities until the children completed their secondary education. Additionally, instead of the assessment made by Child Support, Department of Human Services, the parties agreed for the father to pay an extra $500 per month for each child.

How Does This Translate to Your Case?

You should bear in mind that, in addition to details in our case study are very limited, every family and every case are unique. To know what exactly can happen in your own particular case, get help from one of our child support lawyers. Our experts have had the opportunity to handle numerous cases concerning child support, and they will help you navigate the legal system and achieve the best possible outcome.

Call Withstand Lawyers today at 1800 644 541, email us at info@withstandlawyers.com.au or send an online inquiry so we can assess your situation better. And don’t forget to ask about our NO WIN, NO FEE POLICY*!

Free Case
Appraisal

Leave us a message and we'll call you back!


Law Society