Child Support Lawyers Melbourne
Is your child support assessment wrong, or do you need certainty about payments? Our child support lawyers help with change of assessment applications, departure orders, child support agreements and spousal maintenance.
Child support in Australia is assessed and managed by Services Australia (Child Support), using a formula based on both parents’ incomes, the number and ages of the children, and the care each parent provides. The formula works for many families. When it does not, for example because one parent’s real income is not showing up, the assessment can be challenged.
Move forward with clarity and confidence.
When the Assessment Does Not Reflect Real Income
Child support is a difficult area. Services Australia can take a hardline approach, and it works from the income it can see. The most common problem we deal with is a parent who runs a cash business, or has money coming through a business that is not declared, so it never shows up in the child support assessment.
Salary sacrificing, and income held in companies or trusts, can have a similar effect. The other parent can end up receiving far less than they should.
Child support should reflect what a parent really earns. When income is hidden or the assessment is wrong, we help put it right.
Stephanie HopeSenior Associate, Melbourne Family LawyersExperienced Child Support Lawyers in Melbourne
We help parents and former partners with:
- Change of assessment applications
- Departure orders
- Binding child support agreements
- Limited child support agreements
- Objections to Services Australia
- Spousal maintenance claims
How Child Support Is Calculated
The child support formula considers:
Both parents' taxable incomes
The cost of raising children
Each parent's level of care
The number and ages of children
Other children each parent supports
Because the formula relies on taxable income, it can miss income that is hidden, minimised or held in a business structure. That is where a change of assessment or a departure order comes in.
Change of assessment or departure order?
A change of assessment is an application to Services Australia to change the formula assessment for one of the set reasons, such as a parent’s income or earning capacity not being properly reflected. We deal with a lot of these applications.
In some cases, an application can be made to a court for a departure order instead, for example where the matter is complex or Services Australia has refused to change the assessment.
Child Support Agreements
Parents can agree on child support instead of relying on the formula. Most of the agreements we prepare are binding child support agreements, because people want certainty and longevity. A binding agreement:
- Can set an amount above or below the formula
- Can cover school fees, health costs and activities
- Requires independent legal advice for both parents
- Must be accepted by Services Australia
- Is hard to change once made
- Gives both parents certainty
A limited child support agreement is more flexible, but it must be for at least the formula amount and can be ended after 3 years. Which one suits you depends on how settled your circumstances are.
Spousal maintenance is separate from child support. A former spouse or de facto partner can claim maintenance if they cannot adequately support themselves and the other party can afford to pay. We often see these claims where there is a high income earner but not many assets, so a property settlement alone will not provide for the other party. Claims can be for:
- Urgent interim maintenance
- Periodic payments
- A lump sum
- Maintenance in a financial agreement
Time limits apply: 12 months after a divorce takes effect, or 2 years after a de facto relationship ends.
If you disagree with a Services Australia decision, you can usually object within 28 days. If the objection is unsuccessful, you can ask for the decision to be reviewed by the Administrative Review Tribunal. We help you prepare objections that address what the decision-maker needs to see.
If you believe the other parent is hiding income, evidence is everything. We help gather business records, bank statements and lifestyle evidence showing the gap between declared income and how the other parent actually lives, and present it in a change of assessment or departure order application.
Meet Some Of Our Family Lawyers
Hayder Shkara
Director & Practice Manager
Katherine Siotos
Associate
Stephanie Hope
Senior Associate
Giuseppe Rubino
Senior Associate
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Frequently Asked Questions
Who manages child support in Australia?
Services Australia (Child Support) assesses and collects child support using a formula. Parents can also agree on child support through a child support agreement.
Can child support be changed if the other parent hides income?
Yes. You can apply to Services Australia for a change of assessment, and in some cases to a court for a departure order, using evidence of the parent’s real income or earning capacity.
What is a departure order?
A court order that departs from the formula assessment, for example where the assessment does not reflect a parent’s real financial position.
What is a binding child support agreement?
An agreement between parents that sets child support, which can be above or below the formula. Both parents need independent legal advice, and it is hard to change once made.
Can a prenup or property settlement deal with child support?
No. Child support is dealt with separately, through Services Australia or a child support agreement, although it can be negotiated alongside a property settlement.
What is spousal maintenance?
Financial support paid to a former spouse or de facto partner who cannot adequately support themselves, where the other party can afford to pay.
What if I disagree with a Services Australia decision?
You can usually object within 28 days, and if that is unsuccessful, seek a review by the Administrative Review Tribunal.