Brisbane Child Support Lawyers

Are you involved in the payment or receipt of child support? Our Child Support Lawyer team specialises in this area of law. With extensive expertise, we handle various child support matters, including cases involving changes of assessment due to special circumstances, appeals to the Administrative Appeals Tribunal, and applications for departure orders in the Family Law Courts. Our lawyers will offer you professional guidance, along with a strategic, step-by-step approach, to ensure that the appropriate amount of child support is paid or received for your children.

Under the Child Support Assessment Act, parents have a primary duty to maintain their children, which takes priority over all other commitments relating to the parent, excluding those necessary that enable the parent to support themselves.

If you are needing the help of a child support lawyer to understand what can generally feel like a complex situation, give Barton Family Lawyers a call on 3465 9332 today or reach out directly via our online form.

What is Child Support?

Child support is a payment made from one parent to another parent for the financial benefit of a child – essentially, financial support. Under the Child Support (Assessment) Act, a parent or primary carer of the child/children, can make an application for payment to them of child support by the other parent.

The Department of Human Services (DHS), formerly the Child Support Agency, is responsible for the administration of child support payments, and sometimes the collection, then assessing the amount that is required to be paid.

How is Child Support Assessed?

A Child Support Assessment establishes the financial obligation of one parent towards the other parent in providing child support. This assessment is determined through a formula that considers the parents’ income, the care arrangements for the children, and the associated costs.

The DHS conducts the assessment by applying a formula that considers the expenses related to the children, the income of both parents, the childcare arrangements, the presence of other dependent children in the parents’ households, and any other child support cases involving the parents. Paying parents may have the option to seek adjustments to their payments if they are already making prescribed payments for things such as school or childcare fees, medical or dental expenses, or contributions towards the rent or utilities of the recipient.

You can estimate the amount of child support payable/receivable by using the child support calculator on the DHS website. Alternatively, if you’re looking for more assistance with the process, our childsupport lawyers are here to help.

Why Choosing Barton Family Law is your Best Bet

At Barton family law, we provide clear and precise legal advice from start to finish. We know how daunting these situations can be, but with Barton family law, you will receive clarity when you need it the most. Our team of childsupport lawyers are passionate about supporting clients through all family matters, doing their best to give power and control over their future.

Barton Family Lawyers – The Best Approach for a Child Support Lawyer

If you’re looking for a family lawyer Brisbane families trust, consider Barton Family Lawyers. Give us a call on 3465 9332 today, to discuss how we can help, or email us directly via our online form if you’re in need of some family law advice.

Frequently Asked Questions (FAQ’s)

What if I do not agree with a child support assessment?

If you do not agree with your child support assessment you have the right to object to the assessment, which is done by lodging a change of assessment form with the DHS. The DHS then conducts an internal review of the decision.

An objection outlining the grounds of objection must be lodged within twenty-eight (28) days of the date of the original decision unless an extension of time is granted. The other party is then given the opportunity to respond.

The Registrar will consider any objection within sixty (60) days after the date the objection is lodged and either allow or disallow the objection in whole or in part. The Registrar will provide their decision in writing to the parties.

You should speak to our child support lawyers about the process if you are unhappy with a child support assessment.

Types of Child Support Agreements

There are two types of agreements that parents can enter into instead of having a child support assessment including:

Binding child support agreement;
Limited child support agreement.

The difference between the two is as follows:

Binding Child Support Agreement

Formal agreement signed by each of the parties;
the parties are required to obtain legal advice in relation to the agreement and must include a statement in the agreement that each party has received legal advice as to the effect of and the advantages and disadvantages of the agreement, before it was signed; ‘
A statement must be included in the agreement signed by the solicitor for each of the parties that the advice was provided;
Can be made for any amount that is agreed between the parties;
The agreement cannot be varied and must be terminated;
The grounds for termination of the agreement are limited under the Act and therefore it is wise to think ahead and anticipate the reasons the parties may wish to terminate the agreement, for example, a change to either party’s financial circumstances, health, employment or care of the children.

You should obtain legal advice from an experienced Child Support Lawyer about whether a Binding Child Support Agreement is right for you and the advantages and disadvantages of doing such an agreement.

Limited Child Support Agreement

The parties are not required to get legal advice;
There must be an assessment by the Child Support Agency in place at the time, and the amount of periodic (regular) child support provided for in the agreement must not be less than the assessment;
The agreement cannot be varied and must be terminated by a new agreement or a court order;
The agreement must be lodged with the DHS and be accepted before it will be legally binding;
After three years a party can give notice to the Registrar to terminate the agreement;
A party can at any time obtain a notional assessment from the DHS and if the notional assessment changes by more than 15% from the provision of periodic child support provided for in the agreement, the agreement can be terminated by that party.

My ex partner is refusing to pay the assessed child support. What do I do?

If the payer fails to meet his/her financial obligations to pay child support to you, you should notify DHS.

DHS has a wide range of powers including:

Taking child support out of the employer’s pay or tax return;
Taking child support from social security pensions;
Departure Prohibition Orders – prevents the parent from leaving the country until they pay the outstanding amount or negotiate a payment arrangement.

You can also seek enforcement of the outstanding child support through an enforcement application through the Federal Circuit Court.

Does child support include private school fees?

No. The formula for a child support assessment does not take account of private school fees. Most couples will reach agreement to contribute to the children’s private school fees. If an agreement cannot be reached it is possible for a party to seek payment of the child support fees through a departure application.

My ex is overseas. Can I enforce the payment of child support to me?

Australia has mutual agreements with other countries who are reciprocating jurisdictions, with respect to the payment of child support. Some reciprocating jurisdictions recognise a child support assessment whereas some reciprocating jurisdictions only recognise a court order for the payment of child support.

The DHS can:

enforce payment of a child support assessment where the payer resides overseas in a reciprocating jurisdiction if the other parent is a resident of Australia;
accept an application for assessment from a payee/payer overseas when made through the overseas Central Authority;
accept an application for assessment from an overseas Central Authority applying on behalf of a payee in a reciprocating jurisdiction;
accept an application for assessment made directly by the payer who is a resident of a reciprocating jurisdiction;
register and enforce a variety of different assessments and agreements.
assist overseas authorities with location and service requests for parents in Australia.

If you require advice in respect of a child support issue, our experienced family lawyer and Principal Courtney Barton can help.

My financial circumstances have changed / Care of the children has changed. Can I change my child support assessment?

Yes you can. You have the option to seek a change to the administrative assessment if any of the following criteria apply:

Objection to the level of care;
Non-agency payments;
A parent’s income changes; or
A “terminating event” occurs.

Options to challenge a Child Support Assessment

There are two ways to challenge a child support assessment including as follows:

Application to the Child Support Registrar:
1. where there has been a change in circumstances;
2. where there are special circumstances;
Application to the court for a departure order.

Reasons you can challenge your child support assessment

As stated above, where for example, there have been changes to the care arrangements of the children, changes in the number of children and changes in income levels, you can apply to the Child Support Registrar for a change to the formula for the assessment, based on your change in circumstances.

The formula will be recalculated once the changes are made to update the assessment rate.

Alternatively, you can apply to the Child Support Registrar for a departure from the administrative assessment of child support where there are ‘special circumstances’: s98B Child Support Assessment Act 1989 (CSAA).

The criteria that the Registrar must be satisfied of before making a determination are the same as is required if a party is making an application to the court to depart from an administrative assessment of child support: s90C CSAA.

The power to depart from an assessment of the Child Support Agency, whether by application to the Child Support Registrar or to the Court, is provided in s117 of the CSAA. It requires a 3 step process to be undertaken to determine whether a departure order should be made as follows:

Establish a ground for departure in s 117(2) of CSAA;
Consider whether the departure order is just & equitable within meaning of s 117(4);
Consider whether departure is “otherwise proper” within meaning of s 117(5).

The Registrar can only change the assessment if one or more of the ten grounds for departure is established in the special circumstances of the case: s90C and s117(2) CSAA.

The ten reasons you can apply for a departure from your child support assessment are:

Reason 1 (2.6.7). The costs of maintaining your child are significantly affected by high costs of enabling a parent to spend time with, or communicate with your child (the costs must be more than 5% of your adjustable taxable income).
Reason 2 (2.6.8). The costs of maintaining your child are significantly affected by high costs associated with the child’s special needs.
Reason 3 (2.6.9). The costs of maintaining your child are significantly affected by high costs of caring for, educating or training the child in the way both parents intended.
Reason 4 (2.6.10). The child support assessment is unfair because of your child’s income, earning capacity, property or financial resources.
Reason 5 (2.6.11). The child support assessment is unfair because the payer has paid or transferred money, goods or property to your child, the payee, or a third party for the benefit of your child.
Reason 6 (2.6.12). The costs of maintaining your child are significantly affected by the high child care costs for the child (and the child is under 12 years of age).
Reason 7 (2.6.13). The parent’s necessary expenses significantly affect their capacity to support your child.
Reason 8 (2.6.14). The child support assessment is unfair because of the income, earning capacity, property or financial resources of 1 or both parents.
Reason 9 (2.6.15). The parent’s capacity to support your child is significantly affected by:
1. their duty to maintain another child or person;
2. their necessary expenses in supporting another child or person they have a duty to maintain;
3. their high costs of enabling them to spend time with or communicate with, another child/person they have a duty to maintain.
Reason 10 (2.6.16). The parent’s responsibility to maintain a resident child significantly reduces their capacity to support the child.

If one of the ten reasons for a change of assessment is established the Registrar must then consider whether the change of assessment is ‘just and equitable’ and ‘otherwise proper’.

Is it just and equitable for you to get more child support?

Once the Agency is satisfied you have a reason for applying for a change of assessment, they will consider whether a change is just and equitable: s117(4).

This includes considering:

the nature of the duty of a parent to maintain a child
the proper needs of the child having regard to:
- the manner in which child is being and the parents expected the child to be cared for/educated/trained;
- any special needs of the child.
the income, earning capacity, property and financial resources of the child
the income, property and financial resources of each parent who is a party
the earning capacity of each parent who is a party
the commitments of each parent who is a party that are necessary to enable the parent to support himself/herself. This also includes any other child or another person that the person has a duty to maintain
the direct and indirect costs incurred by the carer entitled to child support in providing care for the child
any hardship that would be caused to the child or a carer.

In having regard to the earning capacity of a parent of the child, under section 117(7B), the court may determine that the parent’s earning capacity is greater than is reflected in his/her income only if the court is satisfied that:

one or more of the following applies:
the parent does not work despite ample opportunity to do so;
the parent has reduced the number of hours per week of his or her employment or other work below the normal number of hours per week that constitutes full-time work for the occupation or industry in which the parent is employed or otherwise engaged;
the parent has changed his or her occupation, industry or working pattern; and
the parent’s decision not to work, to reduce the number of hours, or to change his or her occupation, industry or working pattern, is not justified on the basis of the parent’s caring responsibilities; or the parent’s state of health; and
the parent has not demonstrated that it was not a major purpose of that decision to affect the administrative assessment of child support in relation to the child.

Whether the change to the child support assessment is otherwise proper

If you have a reason for a change of assessment and the change is considered just and equitable, the Agency then considers whether the change is otherwise proper, considering:

the duty of a parent to maintain their child; and
the effect that the change of assessment would have on any entitlement of the carer or the child to an income tested pension or benefit: s117(5) CSAA.

What is the process for applying for a change of a Child Support Assessment?

Lodge a change of assessment with the Child Support Agency. There is a form that the Child Support Agency requires you to fill in when you are seeking a departure from your assessment based on special circumstances. The Application should disclose one of the ten reasons Click here to access it.
The Agency will provide a copy of your application to the other parent and they will be given an opportunity to respond.
Each party is provided with an opportunity to discuss the application with a decision maker before a decision is made.
The Registrar (or a senior case officer, being a delegate of the Registrar) can make enquiries and carry out an investigation. If the Registrar requires further information from a party or third parties, a notice to provide that information can be issued.
If the issues the subject of the application are too complex, the Registrar can refuse to change an assessment and request that the applicant file a court application. If the Registrar refuses to make a change to the assessment (2.6.3), the parties must be provided with written reasons for that decision.
For your application to be successful, the Registrar must be satisfied of the 3 step process specified above (s117 CSSA);
The Registrar will issue written reasons for the decision to change an assessment including the reasons for establishing that special circumstances existed in the case. This provides the parties with a clear understanding of the relevant considerations and decision making process. The Registrar will also document the reasons for the type and duration of the decision in the notice of decision.
The Registrar will amend the administrative assessment to give effect to the change of assessment decision and give the parties a written notice of the assessment (CSA Act sections 75 and 76). The assessment notice must include information about the parties’ right to object to the Registrar’s decision (4.1.2), and to apply for an AAT first review if they are aggrieved by the Registrar’s decision on the objection (section 76(3))

Departure decisions can also be the subject of objections. If the objection is not successful you can appeal the decision to the Administrative Appeals Tribunal (AAT). Appeals from the AAT lie to the Federal Circuit Court and the Family Court of Australia on questions of law.

Want more information?

For more information on challenging your child support assessment, click the link to I want to challenge my child support assessment.

For more information on setting aside a Binding Child Support Agreement, click the link.

For more information on child custody click the link.

For more information on child support, child support agreements, and variation of child support assessments, contact us to book a reduced rate initial consultation with one of our experienced Child support and custody lawyers to have a confidential discussion about your individual circumstances.

We offer fixed fees for all our services to keep you in control of your costs. Click the link to find out more about our unique fixed fee offering.

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Nat

Barton Family Lawyers are an exceptional group of people.

Before my initial consultation, I was confused and felt trapped. I expected to lose what little I had left. Engaging the support of Barton Family Lawyers was a turning point and the single best decision I have made in my life so far.

Chris, Rachel and Chloe were unwavering in their support. No question went unanswered. The expectations and options available were always clear, fair and realistic. Thanks to the teamwork that went on in the background, I was able to start focusing on rebuilding my life before the matter had come close to finalising.

Words do not do justice the level of passion, professionalism, integrity and genuine care that is on display in everything that Barton Family Lawyers does.

Thank you Chris, Rachel, Chloe and the rest of the Barton team. The future of Barton Family Lawyers and its people is bright. No doubt the same can be said of anyone else who seeks their support.

I owe my future in large part to you and will be a lifelong advocate.

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Shinai and her team were great to deal with during a difficult seperation.

Professional and understanding from start to finish.

I have no hesitation in recommending Barton Family Lawyers

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Courtney and her team at Barton were fantastic. They are highly knowledgeable, experienced and efficient, but are also sensitive and compassionate regarding the difficult circumstances surrounding family law matters. Their communication is great and with their fixed fee agreements, you feel confident to ask questions to ensure you have all the information you need to navigate the court system. Thank you Barton Lawyers!

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I researched who I hoped to be the best to represent me when I finally made the decision to go down the road I did. I chose Barton Family Lawyers because of the information on the website and I was not disappointed. I really did not know what I was about to come up against and I could not have asked for or expected to have such an amazing and wonderful team in my corner.
I appreciate all the hard work that was done. They went above and beyond to help me get through the gruelling processes.
Everyone who I came in contact with along the way in the office was always so warm and friendly and nothing was too much trouble.
A special mention of Courtney, Shinai and George. I honestly can not thank them enough and can not express how grateful I am for their time and patience with me. I don’t know how they do what they do. I can only imagine that it must be rewarding when they achieve a good outcome.

Cath

Undertaking a drawn out and complicated property settlement, Courtney’s approach was down to earth and practical. Courtney started with the initial consultation, going through each scenario allowing me to make decisions best suited to my circumstances. This was particularly relevant when dealing with the other party in the dispute – who was reticent in consulting on a resolution. Courtney offered a number of different choices and options of retaining expert opinions, allowing me to work with people that were a right fit for me.

Courtney and her team worked above and beyond core business hours to ensure all detailed analysis of documentation, at times within a short turnaround (usually on a Friday at 6pm). This was the real stand out to me, a firm that wasn’t just looking at billable hours but genuinely committed to ensuring care and attention were given when necessary.
As a client, Courtney worked on my behalf and also with me to achieve an outcome that was just and equitable. Giving understanding during periods of frustration and encouragement to just follow the process. I can genuinely say Barton Family Law is a practice that cares about getting the best outcome for their clients no matter how simple or complicated the matter is. I would highly recommend Barton Family Law, Courtney and her team.

Felicity

I had the pleasure of having Shinai and Courtney represent me in a family matter. Both were delicate and considerate of my situation and achieved the best outcome for property settlement and separation in my divorce. Very grateful for the work they both did.

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Knowledgeable, experienced and very professional, always putting my needs first. I would not have made it to the end of my very lengthy settlement had it not been for Courtney and Shinai’s support.

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Excellent Family Law Practice. Always quick to answer emails and return phone calls. The team is dedicated to the practice and to the clients. The best results are achieved because they all collaborate on every case. So very pleased with my outcome.

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I engaged Courtney and Shinai for a property settlement after being unimpressed with the support and energy given by a previous lawyer. Courtney worked on my settlement whereby I felt my best outcome was being fought for. Shinai was knowledgeable and patient with all my enquiries during a difficult time . Many thanks. Highly recommended.

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Marcela

I can’t speak highly enough about my experience with Elizabeth. She worked hard and diligently to make sure I had the best possible outcome for my situation.
I had an all round positive experience with everyone from Barton family lawyers, but Elizabeth was exceptional. Thank you so much for everything.

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Courney is the only person I would call if I ever had any legal issues. Her help, knowledge and experience had helped tremendously through the rough times during my children and property court battle. I highly recommend Barton Family Lawyers!

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I had Cortney help me with my family court matter. I couldnt have asked for a better team. From the start the care and understanding from the whole team at Barton was outstanding. I will be forever grateful for the outcome. If you are after a awesome family lawyer look no further. The photo never would have been possible without Courtney and her team. Thank you

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Thank you to Courtney and the Barton team for guiding me through a difficult and confusing separation process. Barton Family Lawyers kept me updated, acted immediately on my questions and instructions and most importantly put my best interests forward at all times.

There really is no way to put a price on the stress relief Barton’s exceptional service, understanding and drive for results brings.

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Courtney and her team have gone above and beyond for myself and children. I’m so appreciative of them fighting for what was fair for myself and children.
Courtney knows how to deal with narcissistic behaviour and she had given me support and guidance through this traumatic experience.
Courtney is open with you and honest. Every email she sends or receives comes back to you and she will let you know what is important or not. They helped me through the process with detailed billing.
I could not have found anyone better to deal with my difficult separation than Barton family firm.
Everyone in the team I can’t say how grateful I am to everyone who work on my case. Thank you is not big enough. But I am thankful.