Child Support Lawyers in Perth

Child Support Disputes & Agreements

Parents have a responsibility to financially support their children. When parents separate, often the children live with one parent who financially supports the children. Child Support was introduced to ensure that even after separation both parents continue to financially support their children.

Generally, child support is now dealt with through child support services as part of the Department of Human Services.

The Department of Human Services has a specified formula to determine how much child support should be paid. When parents separate, they can apply to the Department for Human Services for child support and an assessment will be undertaken to determine how much should be paid.
This is the easiest way to deal with child support. The Department of Human Services can also enforce an assessment if the assessed parent does not pay.

However, you do not need to make an application for child support and you may reach an informal agreement with your ex-spouse or partner as to how much child support should be paid. This can remain as an informal agreement, be put into a parenting plan, or a binding child support agreement. In some circumstances, the Court can also make a child maintenance order.

A binding child support agreement has a very similar process to a binding financial agreement.
In order for parties to enter into a binding child support agreement, both parties must have reached an agreement and received independent legal advice on the effects of the agreement on their rights and entitlements. Each party must therefore instruct their own lawyer otherwise the agreement is not legally binding.

It is important that any binding child support agreement is properly drafted by a family lawyer to ensure that it includes all the necessary terms and technical requirements so that it is legally binding.