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Child support is a crucial financial support system that ensures the welfare and well-being of children whose parents are separated or divorced. In Australia, the Child Support Agency (CSA) and Department of Human Services are responsible for assessing, collecting, and distributing child support payments.
Part 5 of the Child Support (Assessment) Act 1989 provides the method for calculating child support. The calculation takes into account the incomes of both parents, the expenses associated with raising children of different ages, and the level of care provided by each parent.
In some cases, you may request a child support departure order from the Court if the formula does not accurately reflect the children’s needs, or a parent’s income does not accurately reflect their actual earnings. The Lyons Law Family Law team can offer guidance on all matters related to child support based on your specific circumstances.
To determine child support, there are two primary methods available initially:
In specific situations, however, it may be possible to seek a court order for child support instead. These orders could include a Departure Order, Court-Ordered Child Maintenance, or Court Orders for Adult Child Maintenance.
Parents who experience the breakdown of their marriage or relationship often prefer to make a confidential arrangement for the financial support of their children. The Child Support (Assessment) Act 1989 provides for two types of child support agreements: binding and limited.
A binding child support agreement must meet several conditions to be considered legally enforceable. These conditions include obtaining independent legal advice for both parties regarding the advantages and disadvantages of the agreement, and the impact on their rights. The lawyers involved must provide a certificate of advice, and the agreement can only be terminated by a new binding agreement (which also requires independent legal advice), by court order, or by ending the agreement.
The agreement can be for any amount, including less than the assessed amount, and does not require an existing child support assessment. Once executed, a copy of the agreement must be provided to each party, and it may be registered with Services Australia within 28 days.
Limited child support agreements have fewer requirements than binding agreements. They can be terminated after three years by either party or earlier in the case of a significant change in financial circumstances. To be valid, the limited agreement must already have an existing child support assessment, the annual amount payable must be equal to or greater than the assessed annual amount, and the agreement must be in writing and signed by both parties.
The parties must also agree on whether the agreement can be terminated after three years or can be continued. Independent legal advice is not required for limited agreements.
In addition, parents or guardians who owe child support can make payments directly or indirectly to the receiving party through several methods, including:
Child support payments received by the recipient parent are not considered taxable income, and therefore, are not taxable. However, if the paying parent deducts child support payments from their taxable income, they may be able to claim a tax deduction for those payments.
Child support payments generally continue until the child turns 18 years old, or until they finish their secondary education, whichever comes later. However, there are exceptions to this rule. For example, if the child is over 18 years old and still attending tertiary education, child support payments may continue until they finish their degree.
The child support calculator is a tool used by the Department of Human Services to estimate the amount of child support payable by the non-custodial parent. The calculator takes into account various factors such as the number of children, the income of both parents, and the number of nights the children spend with each parent. It’s important to note that the calculator is only an estimate, and the Department of Human Services has the final say on the amount of child support payable.
If you need to contact the Department of Human Service in Sydney regarding child support, you can call their national hotline on 131 272. Alternatively, you can visit the Department of Human Services website.
Our Lyons Law family lawyers are dedicated to providing fixed-fee divorce services in Sydney and will customise our services to suit the unique circumstances of each client. Contact us today.
If the police have charged you or a loved one, you must attend court. Appearing in court for a criminal charge is usually daunting. Let us help you make the process easier. Here are 10 reasons to choose our team of criminal lawyers from Lyons Law Group;
Result-focused criminal lawyers
Our team will work to achieve the best result for you in the shortest time possible. However, we do aim to provide quality over quantity service to you. Our criminal lawyers appear in all criminal and traffic matters, including trials, sentencing, bail applications, and apprehended violence orders. We are a result-focused firm of lawyers.
At Lyons Law, we do not make any unrealistic promises for results. You will be advised on the most realistic results achievable in your case, including acquittals of all charges against you. Nevertheless, you can be sure that our team will work extremely hard to achieve the best possible outcome for you.
Proven Track Record
Our experienced defence lawyers are passionate about representing their clients and achieving the best outcome. Lyons Law is a team of solicitors who are dedicated, and with our support staff, you can be confident of the highest quality of legal representation. We have an exceptional track record of results. We provide our outstanding client service at an affordable rate for our clients.
We always let our clients know how much their cases will cost from the beginning. This makes it easier for them to decide whether or not they want to proceed with the case. Not only do we offer fixed fees for many types of criminal cases and services, but also free first phone consultations. In addition, our firm offers fixed fees applicable to a wide range of Local Court cases such as drink driving, fraud, drug possession, assault, and AVOs.
Free First Conference
For all of those individuals who are going to court, we offer a free first 15-minute phone conference with one of our senior criminal defence lawyer. It is best you email our office all your relevant documents before a conference so criminal lawyers can provide the best advice within that time frame.
Highly experienced criminal defence lawyer
Lyons Law Group is a highly experienced team of criminal lawyers. Our team is led by Mohammad Khan, who is one of the best criminal lawyers in Sydney. He has represented clients in some of Australia’s most high-profile cases and was under the direct tutelage of Australia’s leading criminal lawyer Adam Houda.
Moreover, our team has worked and successfully represented clients on highly complex trials and sentences in NSW.
Work closely with Australia’s leading criminal law barrister
We work closely with some of Australia’s leading criminal law barristers. Barristers are usually instructed in more serious matters, and their experience and input can be invaluable to your case. The barristers we regularly instruct range from Queen’s counsels, Senior counsels and highly experienced junior-senior counsels.
Specialist for District and Supreme Court trials
Our team of sydney criminal lawyers have worked on numerous District and Supreme Court trials in NSW. We have worked on extremely complex criminal law trials that require impeccable preparation and understanding of the law.
Specialist for bail applications in NSW
Lyons Law Group is a highly experienced team of bail lawyers. We have regularly obtained bail for clients for extremely serious charges that carry life sentences. For types of charges, bail is usually denied by a Court.
In house Experts
Our criminal lawyers have in-house investigators with decades of law enforcement experience and assist our team with process service, background checks, integrity testing, investigations, surveillance, and bug detection.
For the preparation of jury trials and defended hearings, these services can be utilised on behalf of our client to achieve the best result.
Appearance at all Courts in NSW
From Broken Hill to Waverly, our criminal lawyers appear in all courts throughout New South Wales.