Closed for Christmas Break: Our office will close at 11:30am on Friday, 20 December 2024, and reopen at 8:30am on Monday, 13 January 2025.
Closed for Christmas Break: Our office will close at 11:30am on Friday, 20 December 2024, and reopen at 8:30am on Monday, 13 January 2025.
Set their path with love and certainty. Binding Child Support Agreements provide stable support for growing years.
Dealing with child support can be tough. It’s not just about money, it’s about ensuring your children have a secure future. It’s natural to worry about fairness and sufficiency, but the priority is to build a stable foundation for your children’s wellbeing.
Every decision made should prioritise the best interests of the children.
A child support agreement is a formal arrangement between parents in family law. It covers the financial support for their children following a separation or divorce. These agreements ensure that children receive adequate financial support from their parents. It covers various aspects of their upbringing and welfare, like school fees.
Child support agreements are handled by Australia’s child support agency, Services Australia. The primary consideration in any child support agreement is the best interests of the child or children involved.
Child support lawyers can help ensure your child support agreement is fair and legally binding. These experts assist you in navigating the process smoothly, ensuring that every decision supports the best interests of your children.
With their guidance, you can secure an agreement that accurately reflects your children’s needs, providing them with a stable and secure future.
When finalising a child support agreement, one major challenge is finding common ground that protects the interests of all parties involved, especially the children. Child support lawyers play a crucial role in this process by offering their expertise to mediate and propose fair and equitable solutions.
They ensure the final agreement is in the children’s best interest and help parents focus on what truly matters.
Our child support lawyers work with experts such as forensic accountants to ensure complete financial disclosure by all parties.
We will work to secure appropriate financial support for your family.
If a party has experienced a change in financial circumstances, you may need a new child support agreement. You need to receive another administrative assessment to accommodate these changes.
Our child support lawyers can ensure you get a fair agreement that reflects your needs.
We can advise on mediation opportunities to resolve payment issues. We will follow up with enforcement orders through the Family Court if necessary.
We ensure a complete and honest disclosure of financial information from both parties. This transparency is crucial to avoid any misunderstandings or ambiguities in the agreement.
Choosing a law firm that specialises in this area and puts your needs first is essential. Andrews Family Lawyers is an excellent option for a few reasons:
We deeply understand family law and can guide you step by step through the process. We’ll make sure everything is done correctly and efficiently.
Every case is unique, so we take the time to understand your circumstances. Your concern will be tailored to your specific needs and goals.
We have an excellent track record of handling cases successfully. You can trust us to handle your case with professionalism and care.
Peter is a qualified legal practitioner with over twenty years of experience, predominantly in family law. Peter began his career with Clayton Utz before moving into suburban practice in 2007 with a focus on family law settlements.
Peter began his practice, Peter Andrews Lawyer Pty Ltd, in 2013. After many years of success, the business was rebranded Andrews Family Lawyers in 2022.
Peter is a married father of three young, intelligent and often annoying children who are still lovely.
With a proven track record in resolving complex family law issues, we've earned the confidence and trust of families across north Brisbane.
If you’re considering a binding child support agreements, it’s crucial to seek legal advice from a qualified family lawyer to guide you through the process is crucial. At Andrews Family Lawyers, we specialise in family law and can provide the expert advice you need. Contact us today to learn more.
We’re here to provide expert guidance and support for your legal needs.
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A Limited Child Support Agreement allows parents to formally agree on financial support for their children following separation or divorce. These are some of the critical aspects of limited child support agreements.
Considerations
A limited agreement guarantees a minimum payment amount tied to an objective child support formula. Our firm can help you pursue a limited agreement with the necessary financial documentation.
2. Binding child support agreement
A Binding child support agreement is the other primary way for parents to formally arrange for one spouse to pay child support. Binding agreements have specific differences from limited child support agreements. Here are some of the critical aspects of a binding child support agreement.
Considerations
Since no assessment is necessary, a binding agreement is more flexible than a limited agreement. However, it’s critical that the essential legal advice effectively covers how a proposed agreement affects you. Our team will work to ensure that an agreement accurately reflects your needs.
Child support agreements can’t be altered but may be terminated for various reasons.
A new agreement is put in place that provides for the previous agreement’s termination;
The parents sign a termination agreement;
A court order sets aside the written agreement;
The parent receiving the support payments ceases to be eligible.
Under a limited agreement, one or both parents can notify the Child Support Registrar of termination in writing. The agreement must have been in place for at least three years.
Receiving child support payments can affect a parent’s family tax benefit. Services Australia uses a Maintenance Income Test to determine the threshold over which support payments will begin reducing your benefit.
If you disagree with a child support assessment, you can file an objection with Services Australia to have the matter reviewed. You must file the objection within 28 days of receiving the decision letter stating the amount payable.
If you’re unsatisfied with Services Australia’s response, you may take the matter to the Administrative Appeals Tribunal. You may request a second review if you’re still unsatisfied and even put the matter to the Family Court.
Child support generally covers the essential expenses related to their welfare and development. These typically include:
Food;
Clothing;
Education expenses;
Medical expenses.
Limited agreements made through Services Australia don’t usually account for certain things, such as private school fees or extracurricular activities like sports. Binding agreements have a broader scope to include whatever the parents can agree to cover.
Several situations can end a child support assessment. Often, child support is set to end when the child turns 18. Other terminating events include:
The child is no longer an Australian citizen or resident, and the supported parent doesn’t live in a reciprocating jurisdiction;
The custodial parent has less than 35% of caring responsibilities, or the paying parent takes on at least 35% of care;
The parents reconciled for at least six months;
Both parents cease to be an Australian resident;
Services Australia accepts an application to end the assessment;
A clause in a binding child support agreement ends the assessment.
