Elevate Family Law

OUR CHILD CUSTODY PROCESS

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Child Custody Advice

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Child Custody Advice

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Our Child Custody Process

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Child Custody Advice

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Child Custody Advice

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Child Support in Australia

  • Child support is generally managed through an administrative pathway rather than through the Courts
  • This method is far less costly and less complex than the Court process. Child support assessments are assessed by Services Australia (Child Support).
  • To be eligible for a child support assessment, you must be the child’s legal parents
  • However, if you care for the child and are not the legal parents of the child, you may be eligible to receive child support from one or both parents.
  • You may wish to avoid this administrative pathway and decide to enter into a child support agreement with your former partner.
  • We will be able to assist you with drafting this agreement as it is imperative that both parties receive independent legal advice before entering into such an agreement. 
  • Child support agreements serve as an agreement between the parties on the financial and maintenance aspects of the care of the child/ren
  • The agreement will specify the amount of child support payments and can be more or less than the amount that would have been payable under a child support assessment from Services Australia.

Child Support Agreements

  • Child support is generally managed through an administrative pathway rather than through the Courts
  • This method is far less costly and less complex than the Court process. Child support assessments are assessed by Services Australia (Child Support).
  • To be eligible for a child support assessment, you must be the child’s legal parents
  • However, if you care for the child and are not the legal parents of the child, you may be eligible to receive child support from one or both parents.

  • You may wish to avoid this administrative pathway and decide to enter into a child support agreement with your former partner.
  • We will be able to assist you with this drafting this agreement as it is imperative that both parties receive independent legal advice before entering into such an agreement. 
  • Child support agreements serve as an agreement between the parties on the financial and maintenance aspects of the care of the child/ren
  • The agreement will specify the amount of child support payments and can be more or less than the amount that would have been payable under a child support assessment from Services Australia.

binding child support agreements

what is a binding child support agreement?
  • A binding child support agreement is a legally binding document, signed by both parties.
  •  In this agreement, you and your partner may decide to receive payments between each other or you may decide to collect and transfer child support payments through Child Support Collect (Services Australia).
  • Additionally, once this agreement has been made, you may apply for this agreement to be recognised and accepted by Services Australia.

Limited Child Support Agreements

  • You also have the option of entering into a limited child support agreement. This is a written agreement which accepts the payment of child support at an amount that is at least the same or more than the amount assessed by Services Australia.
  • Limited child support agreements may include agreements concerning the payment of school fees and health insurance for the child/ren.
  • A parent may terminate this agreement after a period of 3 years.

  • A child support assessment may also be reviewed by the Administrative Appeals Tribunal or in the Federal Circuit and Family Court of Australia (“FCFCOA”). However, child support assessments may be varied in limited circumstances.

how we've helped people just like you

Zohra from Elevate Family Law reached out to me after I posted my requirement on Bark. Anmol and Zohra were extremely responsive and efficient throughout the process. They were well-informed & very courteous…..

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Most frequent questions and answers

Both parents, whether biological or adoptive, are liable to pay child support. If there are any paternity disputes about the child, a DNA test may be required in order to receive child support maintenance.

Any parent and guardian or carer, who has the care of a child for at least part of the time (at least 128 days of the year) is eligible to receive child support.

Child support can be paid to parent / guardian :

  • As a regular payment, commonly referred to as a periodic payment.
  • As non-periodic payments (e.g. a payment of school fees, or sporting and extra-curricular activities).
  • As a lump sum payment made to the other parent to support ongoing child support liabilities. The amount should not be less than the entitlements the parent would have received  as assessed by Services Australia.