Child Support

Generally you will be able to obtain general information and assistance by contacting the Child Support Agency or visiting their website.  However, there are a number of areas where the provision of specialist legal advice will be of assistance to you.  The child support legislation is complex and your legal position may not be as clear as you may believe.  In fact, we suggest that you make an appointment to discuss your Child Support entitlements and liabilities as you may be unaware of alternatives to your present position.

Objections and Reviews

If you are unhappy about a decision of the Agency an objection may be lodged.  In certain circumstances you can seek a review of the application of the "child support formulae" to your individual circumstances.  Following the exhaustion of the internal review process you can apply to the Social Security Appeals Tribunal (SSAT) regarding the objection or the assessment.  We suggest that you obtain advice from us prior to proceeding through the internal Agency review process and strongly suggest you obtain legal advice before embarking on an application to the SSAT.  

Child support agreements

Parents may decide to make an agreement about the amount and form of child support to be paid as an alternative to an administrative assessment. Whilst it is possible to utilise the Child Support Agency's pro-forma agreement you should obtain advice even if you believe you are entering a straight forward simple agreement. 

It may be that what you are agreeing to is unenforceable and not capable of being registered with the Agency as a binding child support agreement.  Extreme caution needs to be exercised when attempting to combine child support issues with a property settlement. 

As an example we have previously acted for individuals who have believed that they had paid their child support obligations "up front" by transfer of property or payment of a lump sum when in fact they remained liable to pay child support in the future.  The documents they thought protected them from future claims were in fact unenforceable because they were improperly drafted.  Child support payments over the life of a child can be substantial. 

Similarly, you may be entitled to more child support than what you are currently receiving.

Why take the risk and act without specialist legal advice?  A few hundred dollars could save you thousands.  We cannot over emphasise the importance of getting advice from us first.

10 Old Chatswood Road

SPRINGWOOD QLD 4127 Australia
Phone: 07 38043244
Fax: 07 38083477

Partners:
Mark Francis     
(Family Litigation)
Randal Binnie
(Family Dispute Resolution
& Acc. Family Law Specialist)

Family Lawyer:
Rebecca Morgan (Children/Estates)

Paralegal/Practice Manager
Samantha Scurr-Passfield-Moore

We can help with:

  • Family Law
  • Mediation
  • Conveyancing
  • Wills
  • Estates
  • Powers of Attorney
    Notary Public Services 

     

     

    OfficesSpringwood
    (Head Office)
    Brisbane City
    (Visited)
    Helensvale
    (Visited)
    CALL US
     1800 609 685  1800 609 685

     

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