Child support is a payment from one parent to the other to assist in the day to day care of the children.
Parties can either seek payment of child support through the Child Support Assessment Scheme, or attempt to reach agreement by way of private negotiations.
The Child Support Assessment Scheme applies to children whose parents separated on or after 1 October 1989 or where a child is born after that date. The Child Support Agency ("CSA") applies an administrative formula in calculating the appropriate level of support payable by one party to the other.
In broad terms, the formula takes into account the number of children and the age of the children in your family, the number of nights the children spend in your respective care, whether there are any other children who require your financial assistance, and the taxable income of yourself and your partner. The costs are then shared between the parents in proportion to each parent's contribution to their combined income.
Private Agreements for child support are usually reserved for parties with a significant income. As part of any private agreement, child support can include a periodic sum, paid weekly, fortnightly or monthly; Private School fees and associated expenses; Private health insurance and medical expenses; and extracurricular expenses for children including their sporting and other activities.
Our specialised legal team can advise you as to your liability to pay, or entitlement to receive child support, and can also assist you in reaching agreement on such issues, and draft any associated private agreements on child support issues.