Child Support

Child Support

Child support is a payment from one parent to the other to assist in the expenses of raising children. The Child Support Agency administers child support and determines the level of child support payable by using a formula. Both parents are expected to contribute to the support their children.

In most cases parties will be required to pay in accordance with the Child Support assessment issued by the Child Support Agency. However, in special circumstances a party can apply to depart from the administrative assessment and change their child support. Those special circumstances include:

1. The duty of the parent to maintain any other child or another person;
2. Special needs of any other child or another person that the parent has a duty to maintain;
3. Commitments of the parent necessary to enable the parent to support:
   (i). Himself or herself; or
   (ii). Any other child or another person that the parent has a duty to maintain;
4. High costs involved in enabling a parent to spend time with, or communicate with, any other child or another person that the parent has a duty to maintain;
5. The capacity of either parent to provide financial support for the child is significantly reduced because of the responsibility of the parent to maintain a resident child of the parent;
6. The costs of maintaining the child are significantly affected because of:
   (i). High costs involved in enabling a parent to spend time with, or communicate with, the child;
   (ii). Special needs of the child; or
   (iii). High child care costs in relation to the child; or
   (iv). The Child is being cared for, educated or trained in the manner that was expected by his or her parents;
7. The assessment of the Child Support Agency would result in an unjust and inequitable determination of the level of financial support to be provided by the liable parent for the child because of:
   (i). The income, earning capacity, property and financial resources of the child; or
   (ii). The income, property and financial resources of either parent; or
   (iii). The earning capacity of either parent; or
   (iv). Any payments, and any transfer or settlement of property, made or to be by the liable parent to the child, to the carer entitled to child support or to any other person for the benefit of the child.

Parents are able to make agreements outside of the administrative assessment of the Child Support Agency knows as Child Support Agreements and Binding Child Support Agreements. We can assist you in the negotiating and drafting of such agreements.

• We can assist you with applications to Court regarding child support such as:
• Applications for paternity testing
• Applications for departure (if you are unhappy with the assessment of the CSA)
• Applications for a stay of your child support
• Resisting or pursuing applications for enforcement of child support arrears
• Registration and enforcement of overseas maintenance Orders

There have been significant changes in the Child Support regime over the past few years. We are well versed in those changes and available to discuss any of your child support needs.