Child Support

At Drinkwater Criminal and Family Lawyers, we understand that navigating child support matters can be complex and emotionally challenging. Serving clients in Forster, Taree, Newcastle and surrounding areas, our dedicated legal team offers expert advice and representation to help you understand your rights and obligations regarding child support, including the calculation of payments and the establishment of private arrangements.

Understanding Child Support in New South Wales

Child support is a legal obligation requiring parents to provide financial support for their children after separation or divorce. In Australia, the Department of Human Services (DHS), through Services Australia, administers the Child Support Scheme, which assesses, collects, and transfers child support payments.

How Child Support is Calculated

The amount of child support payable is determined using a formula that considers:

Income of Both Parents: The combined income of both parents is assessed to determine each parent's financial responsibility.
Care Arrangements: The amount of time each parent spends caring for the child influences the calculation.
Costs of Raising Children: Standard estimates of the costs associated with raising children in Australia are factored into the assessment.

This formula aims to ensure a fair distribution of financial support, reflecting each parent's capacity to contribute and their level of care for the child.

Private Child Support Agreements

Parents have the option to establish private child support agreements, which can be tailored to suit their specific circumstances. There are two primary types of agreements:

Binding Child Support Agreements: These are formal agreements requiring both parties to obtain independent legal advice before signing. Once executed, they are legally binding and enforceable.
Limited Child Support Agreements: These agreements do not require independent legal advice but must be accepted by Services Australia. They are typically easier to modify or terminate than binding agreements.

It's important to note that while private agreements offer flexibility, they must meet specific legal requirements to be enforceable. Seeking legal advice is crucial to ensure the agreement is valid and protects your interests.

Rights and Obligations of Parents

Both parents have a legal duty to financially support their children, regardless of their relationship status. The paying parent is obligated to make regular and timely child support payments, while the receiving parent has the right to receive these payments to assist with child-rearing expenses. Both parties must inform Services Australia of any significant changes in circumstances, such as income variations or changes in care arrangements, as these can affect child support assessments.

Our Legal Services

Personalised Legal Advice: We provide tailored guidance to help you understand your rights and obligations concerning child support.
Assistance with Child Support Assessments: Our team can help you navigate the assessment process conducted by Services Australia to ensure accurate and fair determinations.
Drafting and Reviewing Private Agreements: We assist in creating and evaluating both binding and limited child support agreements, ensuring they meet legal standards and serve your best interests.
Dispute Resolution and Representation: If disputes arise, we offer negotiation support and, if necessary, robust representation in legal proceedings to protect your rights.

Why Choose Drinkwater Lawyers

Local Expertise: With extensive experience in Forster, Taree, Newcastle, and surrounding regions, we have a deep understanding of the local legal landscape and community needs.
Client-Centric Approach: We prioritise your family's well-being, offering compassionate and personalised strategies tailored to your unique situation.
Comprehensive Support: From initial consultations to final resolutions, we provide continuous support, ensuring you are informed and confident throughout the legal process.

Contact Us

Navigating child support matters requires careful consideration and expert legal guidance. Contact Drinkwater Criminal and Family Lawyers today to schedule a confidential consultation. Let us assist you in understanding and fulfilling your child support obligations, ensuring the best possible outcome for you and your children.