Specialised Child Support and Adult Maintenance Advice

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Child Support can be confusing and at times overwhelming to navigate. We can help you make informed decisions by assisting you with understanding how your child support is determined.

There are various options available to parents to formalise child support, directly with the other parent, via Services Australia (Child Support) Assessment or via Departure Orders made in the Federal Circuit and Family Court of Australia.  Adult Child Maintenance, payable for children over the age of 18, may also be applicable in certain circumstances.

We can assist you with any query or advice you require relating to:

  • negotiating child support terms and drafting a Limited or Binding Child Support Agreement to properly formalise agreed arrangements;
  • applications for review and avenues for varying child support Assessments of Services Australia (Child Support);
  • child support or child maintenance involving a parent living overseas;
  • departure Applications to the Federal Circuit and Family Court of Australia;
  • Enforcement Applications for unpaid child support pursuant to a Limited or Binding Child Support Agreement; and
  • Adult Child Maintenance Orders.

Approach

We understand how important it is to carefully consider your position following the breakdown of a relationship. Our approach is personalised. We believe in tailored and regular communication with our clients regarding the progress of their matter and the implementation of effective strategies to enable our clients to move on with their lives.


What is Child Support and How Can I Apply for It?

Child support is financial contributions made by one parent to the other, who is often the primary carer of their child, after a divorce or separation. The money is to cover the costs of bringing up the child, including food, childcare, transport, and school uniforms, for example. Most parents will only be able to receive this financial support until their children turn 18. In Australia, a child over the age of 18 is eligible to continue receiving support if they have a learning or physical disability or they’re in full-time education. Read More

Both parents are legally obligated to shoulder the costs of looking after their children. Ideally, they should agree on a payment arrangement between them without having to submit an official application to the courts; however, depending on the nature of the breakup, this isn’t always possible.

Australian residents who are the legal parent, guardian, grandparent, or relative of a child or children are eligible to apply to receive child support. Applications should be made to Services Australia and include contact details and income of both parents. They will also need to provide a copy of the marriage certificate and proof that they are the parent or legal guardian of the child or children.

What Happens if a Parent Doesn’t Pay Child Support?

Non-payment of court-ordered child support contributions can come with hefty consequences and measures, including:

  • Getting a child support agency involved to claim the money directly through the parent’s bank account or salary.
  • Redirecting tax refunds to the primary carer who applied for child support.
  • Instructing payment to be collected via assets and property belonging to the parent who hasn’t paid.
  • Restricting overseas travel if payments haven’t been made for a long time.
  • Charging interest as a penalty for delayed payments.

If a parent can’t afford to make payments, they should seek advice from a child support agency to agree on a payment plan that they can adhere to easily. Child support agreements can be reviewed if circumstances change. It is always better to be upfront about any difficulties in providing payment instead of sweeping it under the carpet and being subject to strict penalties for not fulfilling parental obligations. They could also seek advice from a lawyer for child support who will be able to talk them through their rights, responsibilities, and options.

How Can a Child Support Lawyer Help?

Our child support lawyers in Melbourne know how difficult it can be to move on from a relationship breakdown, especially when there are children involved. They can help advise any parent who is considering applying for child support or has already started the process.

We can also help:

  • Negotiate terms and formalise parenting agreements.
  • Advise a parent or guardian on what to put in a child support application.
  • Liaise with a parent living overseas via their lawyer.
  • Draft enforcement applications if a parent has not kept their side of the agreement to pay child support.

If you are planning on applying for child support or your ex isn’t paying their share, contact us for advice and representation from the best child support lawyers in Melbourne. Get in touch with our team at Velocity Legal today! Read Less

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How do you charge for family law matters?

Trust is one of our core values. We will provide you with a clear and transparent fee quote to ensure that there are no surprises and to enable you to make an informed decision.

We tailor our approach depending on the nature of the dispute; some matters require collaboration and amicable commercial discussions.  Other matters require a forceful approach. We are committed to taking appropriate steps to deliver outcomes for our clients. 

Do I need to get a lawyer involved?

Advice from a family law expert can save you significant time and money. Every matter is unique, however we usually recommend getting advice as soon as possible to avoid committing accidental legal or strategic errors.

Who do you assist with family law matters?

We provide expert family law services to married and de facto couples, as well as third parties (such as grandparents, trustees of family trusts and bankruptcy trustees).

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