Family Lawyers Brisbane: Important information regarding child support
October 29, 2019
According to the Australian Family Law, both the parents of the child should be financially stable when it comes to the upkeep of the child. It doesn’t take into account any of the parents past or present relationship. What’s important is that both parents should have an equal responsibility in bringing up the child.
The child support scheme is regulated through a number of laws. Child support should consist of periodic or monthly payments by one of the parents on a regular basis. The amount to be paid is based on the agreement reached by both the parents r decided by the child support administration system.
In order to allow the administration to decide the child support amount, an application has to be submitted in the court. All children under eighteen years of age are entitled to receiving child support.
The following is necessary when deciding on the amount of child support:
- Proof of parentage. The parent paying the child support should be able to prove their paternity.
- This scheme is applicable for adopted children as well.
- In case parentage is challenged it can be emotionally trying and immediate legal help must be sought.
What factors count in deciding the amount of child support?
The amount of child support to be given is based on the following factors:
- The period of time a child spends with both the parents
- The cost of raising a child of a particular age
- The ability of the parents to meet the particular needs of the child
- The amount earned by both the parents
- The parents responsibility in taking care of other children from their past or current marriages
- The standard of living of each parent
Different methods of paying child support
Child support can be arranged privately. In this case the parent paying child support makes regular payment to the parent caring for the child. Or it could be collected and distributed by the child support administration. However, this is only applicable when child support has been calculated by the administration.
It can be the case that the administration can be challenged when it comes to the amount payable for the child support. This usually happens when the administration might not have taken into account the special needs of the child. The parent receiving the child support can file a reassessment within 28 days of receiving the assessment.
However most matters for child support are normally decided privately amongst the parents with help from a family lawyer in Brisbane.
The lawyer would devise a written agreement which is signed by both the parents. This document would contain the agreement made for the child support. The number of installments which are to be paid either monthly or periodically.
The agreement can be either binding or limited. A binding agreement is one which is signed and acknowledged by both the parents. The limited child support agreement is devised only when parents seek assessment from the child support administration.
For more information on child support and family law, hire Stone Group family lawyers in Brisbane.