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Child Support

Expert Child Support Lawyers in Australia


At Invictus Legal, we understand that navigating child support matters can be one of the most challenging aspects of family separation. Our experienced family lawyers provide professional guidance to ensure your children's financial needs are properly addressed while protecting your rights and interests.


Understanding Child Support in Australia


Child support is a financial contribution made between separated parents, or between a parent and a non-parent carer, to help with the costs of raising children. Under Australian law, all parents must contribute financially to their children's upbringing, regardless of their living arrangements or time spent with the children.


The Child Support (Assessment) Act 1989 and the Family Law Act 1975 govern these obligations, which apply whether you were married, in a de facto relationship, or never lived together. Same-sex partners with children born through artificial insemination and adoptive parents are also included under these laws.


Who Can Claim Child Support?


  • Parents who care for their children at least 35% of the time (five or more days a fortnight)

  • Non-parent carers such as grandparents, other family members, or legal guardians who care for a child at least 128 nights per year and are not in a domestic relationship with either parent


How Child Support Payments Are Determined


Child support amounts vary case by case and are primarily calculated based on:

  1. Each parent's income

  2. The number of nights children spend in each parent's care

  3. The ages of the children

  4. Other relevant factors outlined in Australian legislation


The Department of Human Services - Child Support (Services Australia) uses a legally mandated formula to assess payment amounts. This ensures children maintain a standard of living similar to what they would have experienced if their parents remained together.


Child Support Options in Australia


At Invictus Legal, we can help you navigate the three main approaches to child support:

1. Private Agreements


Parents can privately negotiate and agree on payment amounts without formal involvement from Services Australia.


2. Child Support Assessments


Services Australia can formally assess the appropriate amount based on both parents' combined income and care arrangements.


3. Child Support Agreements


There are two types of formal agreements:

  • Limited Child Support Agreements - Generally shorter-term arrangements that can be useful for temporary situations

  • Binding Child Support Agreements - Legally binding documents that provide certainty for both parties


While only Binding agreements legally require both parents to obtain legal advice before signing, we strongly recommend consulting with our experienced lawyers before entering into any child support arrangement.


How Invictus Legal Can Help With Your Child Support Matter


Our dedicated family lawyers can:

  • Explain your rights and obligations regarding child support

  • Help you understand how the child support formula applies to your specific situation

  • Negotiate fair child support arrangements that protect your children's interests

  • Draft and review child support agreements

  • Advise on potential impacts of changing circumstances

  • Represent you in disputes or challenges to existing arrangements


Important Considerations for Child Support


  • Child support obligations typically continue until children reach 18 years of age

  • Parents may be required to continue support beyond 18 if children are still completing education or have a disability

  • New relationships don't change your obligation to support your biological or adopted children

  • Agreements can allow for payments different from the Services Australia assessment

  • Child support amounts may need review when circumstances change, such as income fluctuations or care arrangement modifications


Beyond Standard Child Support


Our lawyers can also help address additional expenses not covered by regular child support payments, including:

  • School fees and educational costs

  • Medical and dental expenses

  • Extracurricular activities

  • Special needs support


Why Choose Invictus Legal for Your Child Support Matter


At Invictus Legal, we understand that child support issues emerge during an already difficult time for families. Our compassionate, professional approach ensures that immediate and long-term financial matters regarding your children are thoughtfully addressed.


We focus on creating solutions that provide financial stability for your children while being fair and realistic for all parties involved. Our extensive experience in Australian family law means we can guide you through complex child support matters with confidence and clarity.


Contact Our Child Support Specialists Today


Don't navigate the complexities of child support alone. Contact Invictus Legal today at 02 8553 0500 to arrange a consultation with our expert family lawyers.


The information provided here is general in nature and should not be relied upon as legal advice. Each case is unique and requires personalized legal guidance.

Principal Lawyer

Sam Saadat

Sam is a fearless Family Law Lawyer with extensive experience advocating in defended hearings and jury trials across multiple jurisdictions. Drawing on his comprehensive legal knowledge, he provides strategic guidance on a diverse range of complex legal matters.

Sam is fiercely committed to delivering exceptional representation and achieving optimal outcomes for all clients of Invictus Legal.

P: 02 8553 0500
E: sam@invictuslegal.com.au

Sam Saadat

© 2023 by Invictus Law Group Pty Ltd. All Rights Reserved.  Liability limited by a scheme approved under Professional Standards Legislation.

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