A child support lawyer typically handles matters about child support in family law matters. Children should have the right to live meaningful lives. Hence, parents have the obligation to finance their child’s needs and raise them properly. Child support is an ongoing payment made by a parent after a divorce or separation to ensure that the child leads a comfortable and healthy lifestyle even after his/her parents have separated.
A parent, a caregiver, and a guardian have the obligation to pay child support. Child support still applies to adopted or biological children and to separated or divorced parents. Regardless of a couple’s relationship status, a child support lawyer will ensure that they adhere to child support laws. Couples should make contributions to the development of their children just as they would if they had not separated.
Moreover, parents should also be aware of child support calculations. Services Australia can help in calculating child support for couples by means of assessments. However, couples can also make their own agreements about child support payments. This article will discuss points related to a child support lawyer and how they can help couples settle their child support payments.
Assessing Child Support
As mentioned, Services Australia handles child support assessments. This is if parents can’t come to an agreement about child support payments. Thus, parents should come to an amicable agreement if they don’t want Services Australia’s involvement. However, not all parents can agree with child support plans and may need to seek help from a child support lawyer. Services Australia will assess:
- Both the parent’s income;
- If a parent/parents are supporting other children;
- The age and number of children; and
- The amount of time a parent/parents spend with their children.
These and other factors influence the amount of child support that parents will receive or pay. Other considerations include whether parents choose a lump sum payment or recurring instalments. Other expenses that child support can cover are food, medical expenses, housing, clothing, and school fees.
This also includes continuous financial help for schools, extracurricular activities, or medical bills. Children under 18 whose parents have separated or divorced can receive child support. These payments are also made until the child turns 18. Although, these payments can stop if the child:
- Can prove that they are self-sufficient
- Gets married or begins a de facto relationship
- Is no longer a resident of Australia
- Is adopted
- Passes away
Children who are over 18 and are unable to support themselves can receive child “maintenance” or adult child maintenance from both parents. For instance, children who are taking secondary or tertiary education can receive adult child maintenance.
How Can A Child Support Lawyer Help?
Explaining The Procedures Involved
A child support lawyer can clarify the child support process to parents from start to end. The child support process can be stressful, especially when the parents are also in a dispute about payments. Essentially, these lawyers will handle the required legal paperwork and documents involved. They can also explain the rights of each parent if they need reassessments about child support payments.
Implementing Child Support
Implementing child support varies from state to state and a child support lawyer can explain its requirements. Initially, child support implementation will begin with parents agreeing on the child support arrangements and paperwork.
Reassessments And Negotiations
There may also be instances where parents will disagree on child support assessments. Parents who disagree on child support assessments should contact a child support lawyer to help them with reassessments. A child support lawyer can help with reassessments if the assessment:
- Fails to correctly reflect their capacity to pay child support; and
- Is expensive to organise visits.
The child might also require medical attention like dental care and surgeries. Additionally, couples might have also agreed on which school the child attends or which extracurricular activities they will join.
Indeed, not all couples can agree on arrangements and may want to opt for court procedures.
This process may involve serving a child support order to a non-complying parent for child support payments. A child support order is a legal court order for parents who refuse or delay child support payments. Penalties may apply to the non-complying parent. However, a child support lawyer can also help with mediation purposes for disputed couples.
Importantly, mediation is a cheaper way for couples to agree on child support orders. Once both couples reach a common ground for arrangements, a child support lawyer will enforce the arrangement by helping them apply for consent orders. Disputed couples who want to negotiate on their own may pose a lot of difficulties.
Protect A Parent’s Legal Rights
Both parents have legal rights in dealing with child support payments, especially if they have unique situations. Furthermore, parents should also have the right to visit their children and receive spousal maintenance if they can’t handle payments.
Spousal maintenance helps financially incapable parents in keeping up with child support payments. A child support lawyer will ensure that both parents will receive proper rights when dealing with child support payments. Hence, it’s important to seek legal advice from a child support lawyer.
JB Solicitors’ Child Support Lawyers
Child support assessments can be unfair for parents who are also struggling to finance themselves. Furthermore, not all parents understand legislation regarding child support and may take actions that can cost them in the future. A child support lawyer can provide jargon-free legal advice for couples who want to understand the legalities behind child support.
JB Solicitors can guide parents on the right path in approaching child support and how to properly assess their situation. We have family lawyers who are experienced in assessing child support payments for disputed couples. Additionally, we can draft child support agreements, and also identify if a parent is qualified to receive spousal maintenance as well.
Our lawyers can also assist disputed couples with coming to an amicable agreement with our mediation services. As mentioned, mediation is a more cost-effective approach compared to expensive court procedures. Parents who have financial constraints on their end can feel free to avail of our fixed fee services.
Contact a child support lawyer today at JB Solicitors.
