Child SupportEnsuring your children's expenses are covered as they grow into adults
When children are involved, a separation or divorce carries with it long-term consequences. These include determining how the costs of their living expenses and education will be shared, usually until they turn 18 years of age or complete their secondary school education. Even the most amicable relationship breakdowns can become challenging when it comes to negotiating this financial decision.
The best way for all parties to move forward is with an arranged child support agreement in place.
There are two types of child support payments:
Periodic child support: Regular cash payments, calculated using a formula based on your and your ex-partner’s specific financial and care arrangements, or as agreed between you both.
Non-periodic child support: Payments for costs that include childcare and/or private school fees, private health insurance, medical, dental and orthodontic costs, school uniforms, school books and materials, and any other expense associated with the child.
Assessing Your Situation
At Clancy & Triado our accredited family lawyers will take time to sit down with you to discuss your situation and provide objective advice on your obligation to pay, or your entitlement to receive periodic and non-periodic child support.
We can assess whether your child support agreement should be varied to take into account costs such as travel to enable your children to spend time with both parents, or costs associated with their health or any special needs. We can also assess whether payments should be varied to take into account your or your former partner’s income or financial resources, which may not be included in a formula assessment. We will also assess whether a lump sum payment of child support is appropriate.
Formalising Your Agreement
Once you and your partner have agreed on a child support arrangement, your Clancy & Triado family lawyer will prepare documents to be set out in a Binding or Limited Child Support Agreement.
Sometimes it is necessary to enlist the Department of Human Services to ensure child supprt payments continue to be made. Clancy & Triado can advise you on this, and if required, assist you in arranging these services.
Over time, it’s understandable that your children’s situation may change. Clancy & Triado can help you request a change of periodic child support assessment from the child support section of the Department of Human Services. Additionally we can help you appeal a decision of the Registrar of Child Support, and if need be, appeal the decision of the Registrar to the Social Security Appeals Tribunal.
Should it become necessary, your Clancy & Triado family lawyer can enforce the collection of child support and advise you about international child support entitlements and obligations when one parent is overseas.