What is child support?

Child support is a legal obligation that makes sure children get the financial support they need, covering things like housing, education and medical care. It's designed to prioritise a child's wellbeing.

How is child support calculated?

In Australia, it's usually determined by the Child Support Agency using a formula. The formula considers both parents' incomes, the amount of time the child spends with each parent, and the child's age and standard living costs.

Can I change the standard child support calculation?

Yes, in some situations. Extra costs like private school fees, extracurricular activities or a child's unique medical or developmental needs may call for a more tailored approach through negotiation or legal intervention.

What is a binding or limited child support agreement?

These are agreements that go beyond the standard assessment, giving you more flexibility for costs like education, private health insurance or significant one-off expenses. A formalised agreement provides clarity and enforceability for both parents.

What is spousal maintenance?

Spousal maintenance is financial support for a former spouse or partner who can't meet their own reasonable living expenses after separation or divorce. It recognises that one person may have been financially dependent or sacrificed career opportunities during the relationship.

Who can apply for spousal maintenance?

It's designed as a safety net for someone who can't fully support themselves due to factors like age, health or limited work experience. The aim is to help both parties move towards independent lives fairly.

What do courts consider when deciding spousal maintenance?

Courts look at each party's financial capacity, needs and earning capacity, as well as care of children, standard of living and the length of the relationship. These factors guide whether maintenance is appropriate, and the amount and duration.

What types of spousal maintenance are there?

The most common types are urgent or interim maintenance, which is temporary support in the early stages of separation, and periodic payments made weekly, fortnightly or monthly. There's also lump sum maintenance, a one-off payment instead of ongoing payments, often used for a clean financial break.

What if my ex-partner isn't paying?

Missed or delayed payments can seriously affect the person receiving them, and enforcement can be difficult if the paying party won't comply. We can advise you on your options for enforcing an agreement or court order.

What if my circumstances change?

Job loss, illness or new financial obligations can make an existing arrangement unsustainable. You can seek to modify child support or spousal maintenance, but you'll need to understand the legal procedures and provide evidence of the need for a change.

What if we disagree about the amount?

Disputes over support amounts are very common, often stemming from different views on income or what's reasonable. We can help through negotiation, mediation or court representation.

How can Allison Rowe Family Lawyers help?

We provide tailored advice on your entitlements or obligations and the best course of action, whether through negotiation, mediation or court. We can also help secure interim maintenance quickly in urgent situations and modify arrangements if your circumstances change, including where family violence or high conflict is involved.