Spouse Maintenance and Child Support
When a relationship breaks down the most important thing to ensure is that any children of the relationship are adequately supported financially. The financial obligations of parents to provide for their children are governed by the Child Support Scheme under which Child Support is payable for all children living in Australia (up to the age of 18 years) whose parents have separated, whether or not the parents were married to each other.
At CDQ, we can help you to understand your rights and obligations with regard to the financial support of your children.
If you and your former partner are going to determine your own child support arrangements, we can help you to negotiate the details of your agreement and document those arrangements in a private Child Support Agreement. Alternatively, if the Child Support Agency (CSA) is involved, we can help custodial parents in their dealings with the Child Support Agency and assist non-custodial parents in negotiating child support payments and appealing unfair assessments by the CSA.
Child support is one of the most complicated and emotionally charged issues facing families after a marriage breakdown. The team from CDQ understand the issues and difficulties faced by parents following separation and can work with you to minimise conflict and determine the most appropriate arrangements for your family.
Spousal maintenance is the financial support given by one partner to the other after separation or divorce. Unlike child support, there is no automatic entitlement to receive spousal maintenance after a divorce or separation, and it is usually only payable if one partner proves that they cannot reasonably support themselves and the other partner has the capacity to pay maintenance.
The family lawyers at CDQ can provide advice as to the likelihood of spousal maintenance being awarded. They can negotiate with your former partner with regard to ongoing support and if necessary, guide you through the process of claiming spousal maintenance if an application is made to the Court for a financial order.
For more information on child support and spouse maintenance, contact our family law team today on 02 8566 2400.