CHILD SUPPORT

You don’t need us to tell you what child support is or to get a general idea of what your obligation (or entitlement) will be.

There is a quick child support estimator on the website of the Department of Human Services – Child Support ( “the Department”) which you can use.

However, the child support system and the formula used to calculate child support can be a complex and painful minefield. We can assist you with some of the lesser known areas and complexities, and assist you to strategically plan your child support arrangements and obligations for the future to ensure the best possible arrangement is in place given your and the other parents circumstances.

Some areas that Phillips Family Law can assist you with include:

– Advising you as to your options regarding child support which may include arranging a private child support agreement, in either a limited or binding child support agreement

Private agreements provide certainty for both parents for a longer period of time (no continual reassessments each year or more), enable greater flexibility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and remove the need to deal with the bureaucracy of the Department.

– Assisting in steps to recover unpaid child support

We can assist in converting the unpaid amount from a Commonwealth debt to a private debt to enable you to side step the Department  and pursue private recovery litigation through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant spouse at the international airport gate terminal. .

– Assisting you to alter the Department  assessed child support amount to better suit your individual circumstances.

Assessments are prepared by the Department based on a standard formula, but can be altered under various circumstances (up or down) based on factors such as the cost of maintaining the child in the way the parents intended (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical needs, if a parent is income poor but ‘asset rich’, etc. Other circumstances also apply. The change of assessment process can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.