Child Support Lawyers Brisbane.
Your Family Lawyers Brisbane & Sydney
Calculating and negotiating child support payments to ensure the financial support of the child following separation or divorce.
At CG Legal, we understand the importance of child support in securing the well-being of your child after a separation or divorce.
CG Legal - We Are Your Brisbane Child Support Lawyers.
Our dedicated team of Family Law lawyers is here to assist you in calculating and negotiating child support payments that prioritise the best interests of your child while considering your financial circumstances.
Our Child Support Services:
Accurate Calculations: Our Child Support Lawyers Brisbane will meticulously calculate child support payments in accordance with the relevant guidelines and regulations. We take into account factors such as income, the number of children involved, and custody arrangements to ensure precise calculations.
Negotiation and Mediation: We believe in working towards amicable solutions whenever possible. Our team is skilled in negotiation and mediation, aiming to reach mutually agreeable child support arrangements that meet the needs of both parents and, most importantly, the child.
Enforcement and Modification: If circumstances change or child support payments are not being met, we can assist with enforcing court-ordered child support or seeking modifications to reflect new realities.
Understanding Your Rights: We will explain your rights and obligations regarding child support, empowering you to make informed decisions that provide the best possible outcomes for your child.
As a Family law specialist, we understand that engaging with a family lawyer can often evoke feelings of anxiety and unease. At such times, our legal professionals are dedicated to putting you at ease. When selecting a lawyer, it’s essential to choose someone with whom you feel comfortable. An adept family lawyer can significantly alleviate the emotional strain associated with child custody matters. Hiring a skilled attorney who will passionately advocate for your rights and ensure your family receives the care they rightfully deserve is of utmost importance.
At CG Legal, our approach to child custody matters typically unfolds as follows:
- Commencing with an initial consultation with our family lawyers.
- During the consultation, we will candidly discuss the expected outcomes and associated costs.
- We will then create a comprehensive cost agreement.
- Once you are in agreement with the costs, we will proceed with the necessary legal work.
Why Choose Us as Your Child Support Lawyers Brisbane?
- Our experienced family law solicitors have a deep understanding of the Family Law Act and its intricacies.
- We specialise in child custody matters, ensuring the best interests of your children are protected.
- We offer a comprehensive range of family law services, addressing all aspects of your case.
- Our firm is committed to providing exceptional human service, offering empathy and support during difficult times.
When you need the best family lawyer to navigate your family law matter, trust our team to provide you with the guidance and expertise you deserve. Contact us today to discuss your case and receive the dedicated legal support you need.
Different Types of Child Support.
Depending on their particular circumstances, families can receive diverse forms of child support payments. The majority of these payments fall into one of the subsequent categories:
Regular Payments – These are consistent, periodic payments involving uniform amounts of money. They are typically determined by the child support formula and disbursed through the Child Support Agency.
Irregular Payments – Irregular payments can be utilised to cover expenses such as school fees. While a portion of this type of payment may be incorporated within the formula assessment, more often, it’s established through mutual agreement.
Lump-Sum Provision – Delivered as a lump-sum credit, the court must determine what portion of a lump-sum provision can be allocated to cover ongoing expenses. Court orders of this nature are relatively infrequent; agreements of this kind are more common.
These represent the most prevalent categories of child support payments, though other payment forms do exist. For instance, it’s not unusual for parents to engage in non-monetary transactions by exchanging assets. However, any agreement to credit such exchanges to child support should be meticulously documented. Payments can also be directed to a third party to address a child support debt.
Navigating Family Law Matters in Brisbane with Top Child Support Lawyers Brisbane
Are you facing a complex family law matter and seeking the best family lawyer in Brisbane to guide you through the process? At our firm, we specialise in providing top-notch family law services tailored to your unique situation. Our expert Child Support Lawyers Brisbane are well-versed in the Family Law Act, ensuring you receive the highest level of legal support.
The Family Law Act serves as the cornerstone of family law in Australia, outlining the legal framework for resolving family-related issues, including child custody matters. Our dedicated family lawyers in Brisbane are ready to assist you with child custody concerns and other family court matters, ensuring the best possible outcome for your family.
Types of Child Support Agreements.
There are two primary types of agreements parents can enter into instead of opting for a child support assessment:
Binding Child Support Agreement:
- This is a formal agreement signed by all parties.
- Each party is required to seek legal advice regarding the agreement and must include a statement in the agreement confirming that they received legal advice about the agreement’s implications, advantages, and drawbacks before signing it.
- The solicitor for each party must also include a statement confirming the advice provided.
- It can be established for any agreed-upon amount.
- This agreement cannot be altered; it must be terminated.
- Termination grounds are limited under the Act, so careful consideration of potential reasons for termination, such as changes in financial circumstances, health, employment, or child care, is essential.
- For a comprehensive understanding of whether a Binding Child Support Agreement is suitable for your situation and the associated pros and cons, it is advisable to seek legal counsel from an experienced Child Support Lawyer.
Limited Child Support Agreement:
- Parties are not required to obtain legal advice.
- An assessment by the Child Support Agency must be in place at the time, and the periodic (regular) child support amount specified in the agreement must not be less than the assessment.
- The agreement cannot be altered and must be terminated through a new agreement or a court order.
- The agreement must be submitted to the DHS and accepted before it becomes legally binding.
- After three years, a party can provide notice to the Registrar to terminate the agreement.
- At any time, a party can request a notional assessment from the DHS. If the notional assessment varies by more than 15% from the periodic child support amount stipulated in the agreement, the party can terminate the agreement.
Frequently Asked Questions
In such a situation, you have the right to contest the assessment by submitting a “change of assessment form” to the DHS. Following this, the DHS conducts an internal review of the decision. To lodge an objection, you must outline the grounds for your objection within twenty-eight (28) days from the date of the original decision, unless an extension is granted.
The other party involved is then given the opportunity to respond. The Registrar will assess the objection within sixty (60) days from its submission and may either fully or partially allow or disallow the objection. The Registrar conveys their decision in writing to all parties. If you are dissatisfied with a child support assessment, it is advisable to consult with our child support lawyers to navigate the process effectively.
If the individual responsible for child support payments is failing to meet their financial obligations, it is imperative to take the necessary steps to secure the rightful support your child deserves. You should promptly notify the Department of Human Services (DHS) regarding the situation. The DHS wields a wide array of powers, including:
- Initiating the deduction of child support from the payer’s wages or tax refunds.
- Collecting child support from social security benefits.
- Enforcing Departure Prohibition Orders, which restrict the responsible parent from leaving the country until the outstanding child support amount is resolved or a payment arrangement is established.
In cases where these measures do not result in compliance, you can also seek the enforcement of the outstanding child support by submitting an enforcement application to the Federal Circuit Court.
In the absence of a private agreement between separated parents, child support amounts are determined through an 8-step formula administered by the Department of Human Services. This process unfolds as follows:
- Individual taxable incomes for each parent are calculated.
- These individual incomes are combined to establish a collective child support income.
- The care and cost table is employed to compute each parent’s cost percentage.
- Using the care and cost table, the cost percentage for each parent is determined.
- The percentage of care provided by each parent is assessed.
- The income percentage is then adjusted by subtracting each parent’s cost percentage. This calculation identifies the recipient of child support, with the parent having a negative percentage receiving child support, and the one with a positive percentage making child support payments.
- The child’s expenses are ascertained by considering the costs associated with their upbringing.
- The total child support amount is determined by multiplying the positive child support percentage by the child’s expenses.
This formula is designed for parents with a single child support assessment. For parents with multiple assessments, the process is akin, albeit slightly more intricate.
Either parent has the option to request a child support assessment. Once the application is approved, both parents will be informed of the calculations and corresponding amounts. However, for an application to be accepted, the Department of Human Services must confirm that both parents mentioned in the assessment are legally recognised as the children’s parents.
