Child Support
Child Support - What Does It All Mean?
The Family Law Act 1975 has a fundamental view that parents have an obligation to financially support their children in accordance to their reasonable capacity. This view does not change if either parent is not living with the children or is not directly caring for their children’s well-being.
If you are an eligible carer or a liable parent of a child or children, and the other parent is not financially contributing to the support of their children, you may be entitled to child support.
The Child Support Agency (CSA) has been established in order to deal with child support matters. The CSA decides how much child support should be paid by applying a formula set out by law which determines the precise payout. The CSA's formula covers most cases and is flexible, allowing for different family circumstances.
Can we reach our own agreement?
The CSA allows parents to reach an agreement with respect to child support. If the agreement is deemed acceptable, then it becomes binding on the parents.
If no agreement is found, then the CSA can assess your application for child support.
There have been some amendments to the Child Support Scheme and these may affect your entitlements or your obligations. Click here to visit the CSA website for further information.
At Antwan Family Lawyers Sydney, we know how complex the CSA system is and we can help you navigate the CSA to determine the best for you.
Appealing a child support determination?
The Family Law Act allows for any party to appeal a Child Support determination, by making an application to the Federal Magistrates Court or the Family Court of Australia. This process is called “seeking a departure order.” Ultimately, the Court can make a binding decision, which can reverse, alter or confirm a decision of the Child Support Agency.
What we can do for you
If you are unhappy with a decision of the CSA, please contact the team at Antwan Family Lawyers Sydney to discuss your options today.
You can also make an application to the Family Court or the Federal Magistrates Court for a revocation order if you are also in possession of evidence such as the true income of your partner or evidence that he/she simply did not declare to the Child Support Agency. In those circumstances, Antwan Family Lawyers can simply apply to have the court make a final determination about the matter.
Further, if a party is not supporting a child or children of a relationship, the court can order a back payment, which can be a lump sum payment or a periodic one.
If you have any queries about your child support eligibility or rights, Antwan Family Lawyers will be happy to assist you. Contact us today to discuss your rights.
