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Child Support law in Sydney, Australia is managed by the Department of Human Services, who operate under a federal law called the Child Support (Assessment) Act 1989. This law seeks to ensure that children receive a proper level of financial support from their parents, even if they're separated or divorced. The amount of child support payable is calculated using a formula that takes into account the income of both parents, the cost of raising children, and the level of care each parent provides.
There are several situations where you may require legal help in Child Support. These include disputes over the amount of child support payable, disagreements about the calculation of income, or if any changes are required to the existing child support arrangements due to changed circumstances. Legal intervention may also be needed to enforce payment if one parent is not meeting their obligations, or if there are concerns regarding paternity.
Key aspects of Child Support laws include the income assessment of both parents, which incorporates any earnings, rental income, dividends, and certain government payments. The time the child spends with each parent is also taken into consideration. The legislation also outlines the 'costs of children', a certain percentage of combined parental income that's accepted as the cost of raising children. The parents’ responsibility for these costs is divided proportionately to their income.
What if one parent isn't paying the child support?
In such cases, the Department of Human Services can take action to enforce payment. This may include income deduction orders, litigation, or even seizure of assets.
Can child support arrangements be changed?
Yes. If there's a significant change in circumstances, such as a change in income or the level of care provided, the child support arrangements can be reassessed.
Does shared custody affect child support payments?
Yes. The level of care each parent provides for the child will affect how much child support is payable. The higher the percentage of care, the lower the child support amount.
What income is used to calculate child support?
Generally, taxable income is used in calculating child support. However, the law also takes into account other financial resources and property.
Can both parents reach their own agreement about child support?
Yes. Parents can make a Child Support Agreement if they agree on the amount, frequency, and method of payments. It can be a private agreement between parents or a formal written agreement approved by the Department of Human Services.
The Department of Human Services' Child Support division is the primary resource for information and services. Another useful resource is the Law Society of New South Wales, which can provide referrals to qualified child support lawyers and legal aid.
If you require legal assistance in Child Support, it's recommended to contact a lawyer who specializes in Family Law. You can also approach the Department of Human Services for guidance and advice. If you're having difficulties managing your child support obligations, it's crucial to act promptly and seek professional advice to prevent legal complications.
