Most separated parents in Australia are well aware of their obligation to support minor children. This obligation to support minor children exists whether the parents were married or lived together, or not; and whether a parent lives with or spends time with a child – or not.

It is only in very rare circumstances that there is a question as to parentage and whether any child support should be payable at all until parentage is confirmed – although those circumstances do arise and the Court has the power to order DNA testing for parentage, and the payment of child support once parentage is established.

However generally, and fortunately, most parents have absolutely no question as to the parentage of minor children, and they have no objection in principle to providing for their children to as required under a Child Support Assessment by the Child Support Agency, or otherwise as agreed between the parents.

In the latter circumstances, our specialist Family Law Team at Sanicki Lawyers can assist you to formalise a legally binding Limited Child Support Agreement (where additional child support is paid alongside a formal Child Support Assessment) or a Binding Child Support Agreement (where child support is paid on terms agreed by the parents without a formal Child Support Assessment by the Child Support Agency being in place).

However unfortunately from time to time disputes arise between parents regarding the amount of child support to be paid and how the child support should be paid.  If a dispute of this kind has arisen for you, the Family Law Team at Sanicki Lawyers scan assist you to negotiate and formalise an Agreement that both parents agree to if the parties wish to enter into a Limited Child Support Agreement or a Binding Child Support Agreement.

Otherwise, if you are unhappy about a Child Support Assessment that has been made by the Child Support Agency, we can advise you on the process for having the Assessment reviewed by the Child Support Agency as well as by the Administrative Appeals Tribunal.  

If those processes do not conclude the matter satisfactorily for you, the team at Sanicki Lawyers can advise you on, and represent you in, an Application to the Court for a Child Support Departure Order.  However you will need to act quickly as time limits apply for reviews of Child Support Assessment decisions, and Court Applications.

Feel free to contact Stephanie Hope, Senior Associate and Head of Family Law at Sanicki Lawyers at stephanie@sanickilawyers.com.au or call on 03 95109888 if you would like to arrange a confidential advice session to discuss how we can assist you with any Child Support dispute you have.