When parties to a relationship separate, depending on the parenting arrangements for the children, one party may be required to provide monetary support to the other party. Child support is the arrangement parties put in place for this monetary support.
Child Support Agency
Child support can be self-managed or managed through the Department of Human Services Child Support Agency (“CSA”).
Should you opt for the CSA to officially manage your child support arrangements, the CSA use a formula to calculate these amounts and you are able to access these calculation tools prior to lodging an application for assessment.
Child Support Agreements
As we know, the ups and downs experienced when parties separate can be challenging. Whilst the parties may generally maintain amicable relations post-separation, there may be particularly tumultuous periods whereby, disharmony may be experienced and this may create unnecessary conflict or confusion in relation to child support.
Only in a few cases does the Family Court of Western Australia have jurisdiction to make orders in relation to child support for children under the age of 18. In addition, self-managed child support arrangements mean the amount, frequency and method of payment is completely up to the discretion of the parties.
Unless you have a Binding Child Support Agreement (“BCSA”) in place, self-managed child support arrangements are not legally binding.
A BCSA is a written agreement between the parties about child support payments, which must be signed by the parties and requires each party to obtain legal advice. It is up to the parties to agree on the method of payment and, if agreed, this can still be lodged with the CSA.
At Affinitas Legal we can provide you with legal advice in relation to Binding Child Support Agreements to ensure harmony in your post-separation matters involving your children and financial support. For more information on financial agreements, please contact out team of Family Lawyers on 6243 7544.
Author – Stacey Ruthven
Disclaimer
General Advice Warning
The information contained on this brochure is general in nature and does not take into account your personal situation. You should consider whether the information is appropriate to your needs, and where appropriate, seek professional advice from a suitably qualified lawyer.
All legal and other matters referred to on this brochure are of a general nature only and are based on Affinitas Legal’s interpretation of laws existing at the time and should not be relied upon in place of appropriate professional advice. Those laws may change from time to time and the information contained herein may be out of date.
Accuracy & Reliability of Information
Although every effort has been made to verify the accuracy of the information contained in this brochure, Affinitas legal, its officers, employees and agents disclaim all liability (except for any liability which by law cannot be excluded), for any error, inaccuracy in, or omission from the information contained on this brochure or any loss or damage suffered by any person directly or indirectly through relying on this information.
General Advice
It is widely recognised that amicable separations between parties tend to result in better overall outcomes for all involved, especially children. When both parties approach the separation process with a cooperative and respectful attitude, it often leads to more satisfactory arrangements regarding child support, custody, and property division. This amicable approach can significantly reduce the emotional stress and financial burden commonly associated with contentious separations.
