The assessment is made by the Child Support Agency and can be appealed if either parent disagrees with the assessment.
The assessment may also be reviewed periodically or at the request of either parent to ensure that it remains fair and accurate.
Can an agreement be drafted for child support if both parties agree?
What happens if both parties don’t agree on the child support amounts and arrangements?
The Agency will assess the amount of child support payable based on the income of both parents, the cost of raising the child, and the amount of time the child spends with each parent.
The assessment will take into account any relevant legislation and regulations.
If either parent disagrees with the assessment, they can appeal the assessment to the Administrative Appeals Tribunal (AAT). The AAT will review the assessment and make a decision based on the evidence presented by both parties.
If the parties still can’t agree, they may consider mediation or seek legal advice. Mediation is a process where a neutral third party facilitates communication between the parents to help them come to an agreement on child support. If the parents are unable to reach an agreement, the court may make an order for child support on the basis of the evidence presented by both parties. It’s important to note that the Child Support Agency has the power to collect and enforce payment of child support, and non-compliance with a child support assessment or agreement can result in penalties, including fines and even imprisonment.
How can a lawyer assist in getting fair child support?
- Advising on the legal requirements: A lawyer can advise on the legal requirements and criteria used to determine child support payments, including the income of both parents, the cost of raising the child, and the amount of time the child spends with each parent.
- Reviewing and negotiating agreements: A lawyer can review any proposed agreements for child support, and negotiate on behalf of their client to ensure that the agreement is fair and reasonable. They can also help their client understand the legal implications of the agreement and the rights and obligations of both parties.
- Representing the client in court: If the case goes to court, a lawyer can represent their client and present evidence to support their client’s position. They can also cross-examine witnesses and argue for a fair and reasonable child support arrangement.
- Advising on enforcement: If the other party does not comply with the child support arrangement, a lawyer can advise on the legal options available to enforce the arrangement, such as applying to the court for enforcement orders.
- Helping with appeals: If either party disagrees with the child support assessment, a lawyer can help prepare an appeal to the Administrative Appeals Tribunal (AAT) and represent their client in the appeal hearing.
It’s important to note that going to court can be costly, and it’s always a good idea to have an initial consultation to understand the cost and potential outcome of the case.
Our experienced family lawyers at Rebus Legal can assist. Call 1800 732 875 for a free 15-minute consultation to assess your situation and explain how we can help you.