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Child Support Lawyers in Melbourne

With our empathetic, child-centric approach and progressive values, we advocate for your children’s best interests and strive to ensure your family achieves a fair and efficient outcome.

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Secure High Quality Advice & Representation with our Child Support Lawyers

For families navigating separation or divorce, finalising your child support arrangements promptly and fairly is guaranteed to be of primary concern. With your child support assessment formally prepared, parents can ensure their children are supported both financially and structurally both during and following your separation proceedings.

Our Child Support Lawyers at Oxford Partners Lawyers are committed to providing only the highest quality legal advice and guidance relating to your child support matters.

Consult with our Melbourne Child Support Lawyers now to maintain a proactive approach to your child support arrangement and all other Family Law matters.

Customised Legal Plans

Strategies meticulously crafted to align with the individual needs and circumstances of every client.

Proficient Lawyers

Our team comprises lawyers enriched with years of hands-on experience in handling child maintenance cases.

Holistic Client Service

We are marked by our unwavering dedication to offering compassionate and comprehensive legal services.

In-depth Consultations

We offer thorough consultations to assess, advise, and strategise for each distinct case.

Efficient Mediation

Our expert mediation services are geared towards achieving harmonious resolutions.

Robust Court Representation

We provide resilient court representation to defend the rights and interests of our clients and the children involved.

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The Child Support System in Australia

Child support is financial support for raising a child or children. One parent generally pays child support to the child’s other parent (the nominated carer as outlined prior in a child custody or co-parenting arrangement). In cases where a child or children are being cared for by one carer, both parents still have a duty to maintain the child financially as per the Child Support (Assessment) Act 1989.

Child support agreements in Australia are developed in accordance with Australian Family Law. As per the Child Support (Assessment) Act 1989, child support can be calculated with consideration for key factors, including:

**  Recorded income, earning potential, and financial resources of both parents

**  The number of children eligible to receive child support

**  The percentage of care that parents have of the child or children

**  The direct and indirect costs incurred by the child’s carer/s

** Any other special circumstances which, if not taken into account in the particular case, would result in injustice or undue hardship to any person.

During child support applications, representatives from Services Australia’s Child Support Scheme will conduct a child support assessment designed to verify the fairness of child support agreements and the costs and responsibilities outlined for both parents.

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The Two Types of Child Support Arrangements

In Australia, there are 2 types of child support agreements, these being:

1. Binding Child Support Agreements

A binding child support agreement is a written agreement prepared by both parties and their independent legal representatives. Child Support Lawyers play a vital role in the development of binding child support agreements, as Child Support Lawyers prepare documentation and provide parents with a legal certificate to ensure the binding agreement is accepted by the Registrar.

The primary benefit of binding child support agreements is that they can be prepared without the need for a formal child support assessment as conducted by the Child Support Scheme. This makes binding child support agreements faster to prepare and more suitable for families with flexible co-parenting arrangements where costs are being incurred by both carers/parents.

2. Limited Child Support Agreements

Unlike binding agreements, limited child support agreements require a child support assessment prior to, as the child support payments outlined in the agreement must be equal to or more than the annual rate as outlined in the child support assessment. Unlike binding agreements, limited child support agreements can also include payment of both cash or non-cash items (i.e. school fees and health insurance).

Parents can make child support payments privately (i.e. self-managed child support), or Services Australia can collect and transfer child support payments on both parents’ behalf via a formal child support assessment with the Child Support Scheme. 

If you’re in the process of applying for child support, our Child Support Lawyers in Melbourne can assist with evaluating the best type of child support arrangement to suit your needs. You can maximise your preliminary consultation with our Child Support Lawyers by preparing all the necessary documents proactively and by using Services Australia’s Child Support Estimator to receive an estimate of your child support payments according to your family’s data.

How to Challenge a Child Support Arrangement

If you’re a parent who’s dissatisfied with their administrative child support assessment with the Child Support Scheme, you may opt to file a formal child support dispute. This entails applying for a change of assessment if the calculated amount of your child support payments is either deemed unfair in their current circumstances or in the event that their circumstances change in future.

Parents can dispute child support assessments by following a two step process of securing an internal and external review. External reviews are conducted by the Administrative Appeals Tribunal (AAT).

If the matter cannot be resolved by the Tribunal, parents may be able to file for a departure order through the Family Court of Australia. Departure orders effectively ‘depart’ from the standard child support formula as used by the Child Support Scheme, instead creating alternative obligations for the parent/s that are more realistically aligned with their financial resources.

Child support disputes and applying for departure orders can be complicated processes. If you’re looking to challenge a child support arrangement, you will need to seek expert legal guidance from dedicated Child Support Lawyers. 

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Our Reviews Speak For Themselves

At Oxford Partners, we take pride in ensuring all of our clients can enjoy strong representation and effective resolutions. See what our clients have to say about our services.

Why work with Oxford Partners Lawyers for your Child Support Matters?

With experience handling a wide range of parenting and children’s matters for our valued Melbourne clients, our Child Support Lawyers at Oxford Partners Lawyers possess all the relevant skills and legal understanding to secure the strongest possible outcome for your child support application and all related matters.

Our dedicated Family Lawyers can offer expert legal advice and quality representation across all Family Law matters, from divorce or separation proceedings to property and financial settlements as well as child support and child custody arrangements.

With a proven track record of securing favourable outcomes for Melbourne families, our Child Support Lawyers are trusted to deliver efficiently, professionally, and with a consistently empathy-driven approach, helping your family thrive following divorce or separation proceedings and ensuring your children maintain access to the support they deserve.

Consult with our Child Support Lawyers Today

With our extensive experience and empathetic approach, our Child Support Lawyers are equipped to ensure that you and your family can enjoy a swift and fair resolution for all your child support matters. Book your free preliminary consultation with our Melbourne Child Support Lawyers by calling (03) 9670 7577 or by filling out our web enquiry form today.

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Areas of Practice for our Child Support Lawyers

Child Maintenance

Under 66L of the Family Law Act 1975, child maintenance orders can be made in relation to a child who is 18 or over if the maintenance is found to be necessary to:

  • Enable the child to complete their education, or
  • Because of a mental or physical disability of the child.

Child maintenance orders can also be made in relation to a child who is under 18 expressly to take effect upon the child turning 18. Under Family Law, a child maintenance order in relation to a child stops being in force when the child turns 18 unless the order is expressed to continue proceeding that date.

Paternity

Under 29(2) of the Child Support (Assessment) Act 1989, the Registrar must be satisfied that the person they seek child support from is a parent of the child or children. Parentage can be determined by satisfying one or more of eight outlined fact situations. Our Child Support Lawyers can advise you on how paternity is determined in the context of child support applications to ensure that only legally recognised parents are subject to child support payments.

Overseas Child Support

The Child Support Scheme maintains responsibilities to facilitate child support payments both domestically as well as internationally in the event that parents are based overseas. For overseas child support payments, our Child Support Lawyers can act locally on behalf of parents based internationally, ensuring any child support matters are resolved promptly and with expert representation.

Enforcement of Child Support Debts

In the event of unpaid child support payments, Services Australia is authorised to register the debt as a maintenance liability for collection. From here, the amounts payable are debts due to the Commonwealth by the payer. These child support debts can be recovered through administrative processes or via litigation and court proceedings.

Child Custody FAQ

What factors influence child maintenance decisions?
Factors such as both parents’ income, the child’s specific needs, and the accustomed standard of living are pivotal in determining child maintenance.
Is it possible to modify child maintenance orders?
Certainly, child maintenance orders can be revised in the event of substantial changes in the circumstances of either parent or the child’s requirements.
Where are you located?
Oxford Partners is conveniently situated on Little Lonsdale Street, nestled in the bustling centre of Melbourne’s CBD, just a stone’s throw away from Flagstaff Station. This prime location ensures seamless accessibility whether you’re travelling by train, tram, car, or by foot if you prefer to take a leisurely stroll through the city. Additionally, its proximity to the serene Flagstaff Gardens offers a nearby escape to nature, allowing for a perfect balance between urban convenience and natural tranquillity.