WHAT IS child support?

Child support is the provision of finances from one parent to the other to ensure that children receive a proper level of financial support in relation to such things as housing, food, clothing, education etc.

 

how do i obtain child support?

Child support can be provided for in three main ways, namely:

  1. An application for assessment to the Child Support Agency;
  2. By private agreement; or
  3. By Court order (refer to 'Child Maintenance' below).

An application to the Child Support Agency ("CSA") for an assessment of the other parent is generally the first step for any parent wishing to secure child support. In undertaking the assessment the CSA will determine the amount payable by the liable parent by taking into account such things as the amount of time the child/ren spends with each parent, the income of the parents and their expenses. 

Where possible, parents are encouraged to make their own agreements as to the amount of child support to be paid by one parent to the other. Where this is possible, an agreement can be entered into without the intervention of the CSA and can be documented either via the use of a 'limited' or 'binding' child support agreement. Which one is right for you will depend on the circumstances of the agreement reached.

What is spousal maintenan-ce?

Spousal maintenance is the requirement for one spouse to provide the other spouse financial support in circumstances where:

  1. The applying spouse is unable to support themselves on their current income; and
  2. The paying spouse has the financial capacity to provide support.

When determining whether one spouse should pay the other spousal maintenance the Court will take into account a number of factors . Such factors include, but are not limited to the following:

  1. The age and state of health of the parties; and
  2. The income, property and financial resources of the parties.

An order for spousal maintenance is not generally intended to be for a long period of time, instead being intended to allow the receiving party to become self-sufficient. Spousal maintenance will also cease after such events as the death of the paying spouse or the re-marraige of the receiving spouse.

Spousal maintenance is not gender specific, meaning it can be paid by husband to wife or wife to husband. It also means that it can be paid in same-sex relationships. Spousal maintenance also applies to couples in de facto relationships.

At McAdam Family Law on the Gold Coast we provide advice and assistance in relation to all aspects of child support and spousal maintenance. If you require assistance in relation to issues associated with child support or spousal maintenance contact McAdam Family Law on the Gold Coast today to organise a consultation.