Family Law Services Cover Child Support and Maintenance
If you are interested in obtaining help from a family lawyer, you probably are going through a divorce. However, family law services are comprehensive and cover a large number of specialisations. Not only is divorce covered but lawyers who provide advice and services also handle the following:
- Prenuptial agreements, including separation and cohabitation agreements
- Children’s issues, including abuse or abduction issues
- Child support and maintenance
- Paternity issues
- Spousal maintenance
- Property orders
- Bankruptcy issues
- Urgent orders
- Family trust
- De facto relationship issues
- Domestic violence issues
- Wills or succession issues
- Same-sex relationships
Child Support and Maintenance
One large area of concern involves child support and maintenance. You can choose to create a child support agreement. This is a formal legal agreement between the parents that is created by family lawyers in Sydney. When this agreement is drawn up, you may agree to cash payments or non-cash items such as school fees or health insurance. You may also agree to a combination of non-cash items and cash payments. You can choose from one of two types of agreements, either a limited agreement or binding contract.
An Order for Child Maintenance
In some instances, a court may create an order for child maintenance. For instance, the judicial system may create an order for a child over the age of 18 who is seeking to further his or her education. If you have a court order, you can request to collect the amount ordered by the court.
Satisfying the Legal Requirements for Support
Anyone who receives child support in Australia must be a resident of the country and be a legal parent or a carer of a child. If you are considered a legal parent, you will satisfy the requirements for support if you were married when the child was born and you are listed as a parent on the child’s birth certificate. You will also satisfy eligibility requirements if you are named as a parent on adoption papers.
When applying for child support, the court also considers the date of the child’s birth. For example, if your child was born before 1 October 1989 and you separated before that time, you should apply to the Federal Circuit Court if you wish to obtain assistance for child maintenance. If your child was born after 1 October 1989 and you separated after the same date, your maintenance is covered under certain legislation administered by the Department of Human Services.
Creating a Private Support Agreement
The birth date does not matter, however, if you can agree and work out your own child support arrangements. If you can come to a resolution, you can produce your own private support agreement. A lawyer can assist you in working out a parenting plan to include in the contract.