"Can the Family Court make orders for Child Support?"

The Family Court does not have any power to make orders concerning child maintenance. This is the province of the Child Support Agency a division of the Department of Human Services of the Commonwealth government. In determining the amount of child support one has to pay the Agency takes into account among other things, the rent you have to pay, your income, the other parent's income, whether you are receiving any support payments from the government and whether your employment is either full-time or part-time or casual.

You can, however, agree to a Child Support Agreement which stipulates an amount that can either be less or greater than what would be calculated by the Child Support Agency or a lump sum. This Agreement must detail how the payments are going to be made and for exactly to which use they are going to be applied. It does not have to address the particular criteria that the Child Support Agency would utilise in making an assessment. It, however, requires full details and that both parties have received independent legal advice as to the Agreement. The Agreement can only be altered or ended with the consent of the parties in writing or as set out in s12 of the Child Assessment Act those matters which would bring the agreement to an end. Such matters, among other things, including the death of the child or one of the parties; a child turns 18 years of age; or the child is adopted.

The Child Assessment Act allows for payments up to the age of 18 or the end of high school whichever occurs the earlier but this can be extended according to the wishes of the party in a Child Support Agreement.

Whilst I have outlined some of the criteria for Child Support Agreements, it is necessary to consider all the Act to ensure compliance. We have extensive experience in preparing these Agreements, if you or any person you know needs assistance in such an agreement, please do not hesitate to ring me on 0419 233 670.

Have a wonderful day,

Jeffrey
0419 233 670
[email protected]
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ps: I am available to discuss legal matters either in my office or by Zoom conference; please note that notary services must be undertaken in person.

 

早上好，

我刚接到一个客户的电话，她告诉我：

“家庭法庭能命令父母支付子女抚养费吗？”

家庭法院无权就子女抚养问题作出裁决。这是联邦政府公共服务部下属的儿童支助局的一个部门来处理的。在确定子女抚养费的数额时，该机构除考虑了你必须支付的租金、你的收入、另一方父母的收入，还考虑你是否从政府获得任何抚养费，你的工作是全职或兼职或临时工作。

但是，您可以同意儿童抚养协议，该协议规定的金额可以小于或大于儿童抚养机构计算的金额，也可以是一次性付款。这项协议必须详细说明如何支付款项，以及它们将用于何种用途。它不必涉及儿童抚养机构在进行评估时使用的特定标准。但是，它需要完整的细节，而且双方都已收到关于协议的独立法律意见。只有在双方书面同意的情况下，或根据《儿童评估法》第12条的规定，才能更改或终止本协议。此类协议，除上述事宜外，还包括以下问题儿童或父母其中一方死亡；儿童年满18岁后；或儿童被收养。

《儿童评估法》规定抚养费支付到年满18岁或高中结束时，以较早者为准，但这可以根据儿童抚养协议中当事人的意愿予以延长。

虽然我已经概述了儿童抚养协议的一些标准，但有必要考虑所有法案以确保遵守。我们在准备这些协议方面有丰富的经验，如果您或您认识的任何人在此类协议中需要帮助，请随时拨打电话0419 233 670给我。

祝你有美好的一天，

蔡福荣Jeffrey
0419 233 670
邮箱：[email protected]
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另外，我可以在办公室或Zoom会议上讨论相关事宜；公证服务必须当面进行。

If you need help regarding Child Support issues or similar please make an appointment by ringing me on my mobile or emailing me. I am available during office hours at my city office or after hours and weekends at my Riverwood office.