When parents separate or obtain a divorce, the court will have a critical consideration to the rights of the child. In matters concerning separation or divorce and child support, the court presumes that it is in the best interest of the child to receive financial support from both parents as part of the equal shared responsibility of the spouses towards the child.
Child support is an important obligation of both parents. Even when it is impossible for both parents to resume their married life, they still have permanent responsibilities in providing financial assistance necessary for the child’s development and adequate living. Child support can be a lump sum of money or a regular payment given by a parent to the other parent who has the child custody. The fund will be used for the child’s education, healthcare maintenance, and daily needs following the breakdown of the marriage or de facto relationship.
Parents can agree on child support in two ways. One way to do it is by entering into a binding child support agreement where they can finalize an official contract as to how they would support and maintain their kids. Like the binding financial agreement, it requires both parties to have an independent legal advice prior to entering the same.
The other way is done by a limited child support agreement, which allows the flexibility of parents to determine their own support preparations. As opposed to the latter, it does not require them to have an independent legal advice but only requires having a child support administrative assessment.
In an event when the parents cannot reach an agreement because of marital disputes and parentage issues, one party may file a child maintenance order before the court. Under Family Law, the persons who are qualified to apply for maintenance order are the primary care provider or protector of the kid, the mother or father to where the child resides, or the child himself. The court may base its decision depending on the income of parents, the number of children in the family, and living arrangements.
The Child Support Agency will administer the child support arrangements and assess the support that should be provided.
Child support and parental obligations are common issues following the dissolution of marriage or de facto relationship, which need the support of family lawyers to achieve the best result for the kids.