Child Support Matters 

1. What Is Child Support?

The Family Law Act 1975 has a fundamental view that parents have an obligation to financially support their children in accordance to their reasonable capacity.  This view does not change if either parent is not living with the children or is not directly caring for their children’s well-being.

If you are an eligible carer or a liable parent of a child or children, and the other parent is not financially contributing to the support of their children, you may be entitled to child support.

2. How Do I Know How Much Child Support I Pay?

The Child Support Agency (CSA) has been established in order to deal with child support matters. The CSA is part of the Australian Tax Office and decides how much child support should be paid by applying a formula set out by law which determines the precise payout. The CSA’s formula covers most cases and is flexible, allowing for different family circumstances.

3. Do We Have to Involve the CSA?

The CSA allows parents to reach an agreement with respect to child support.  If the agreement is deemed acceptable, then it becomes binding on the parents. If no agreement is found, then the CSA can assess your application for child support.

There have been some recent amendments to the Child Support Scheme and these may affect your entitlements or your obligations.

4. Can I Review A CSA Determination?

Yes you can apply for a review of a determination with CSA direct.

5. Can I Appeal A Child Support Determination After A Review?

The Family Law Act allows any party to appeal a Child Support determination, by making an application to the Federal Circuit Court of Australia or the Family Court of Australia. This process is called an application for a departure order. Ultimately, the Court can make a binding decision which can reverse, alter or confirm a decision of the CSA.

6. What Else Can The Court Do?

You can also make an application to the Family Court or the Federal Circuit Court for a revocation order if you are also in possession of evidence such as the true income of your partner or evidence that they simply did not declare to the Child Support Agency. In those circumstances, you can simply apply to have the court make a final determination about the matter.

Further, if a party is not supporting a child or children of a relationship, the Court can order a back payment, which can be a lump sum payment or a periodic one.

7. How Can Antwan Lawyers Help?

If you have any queries about your child support eligibility or rights, Antwan Lawyers will be happy to assist you. Also, if you are unhappy with a decision of the CSA, or you want to know what a decision means, please contact the team at Antwan Lawyers on  1300 268 926 to discuss your options today.

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