Child Support & Maintenance – FAQ

June 15, 2016 – at 4:26 am – by Bodekers Family Lawyers

What is child support?

Child support in family law requires one parent to provide financial assistance to the other parent, for the costs involved in caring for a child.

Am I eligible to pay/receive child support?

The child support assessment formula weighs up the costs of the child against the contributions of each parent, relevant to their income.

What if my partner is deliberately earning less money to avoid child support?

A person’s ability to pay spousal maintenance may be assessed differently to their ability to pay child support.

Recently, a court determined a husband had a higher earning capacity than what he was earning at the time. They therefore assessed his child support payments using his potential earning capacity and was required to make payments.

What is adult child maintenance?

Adult child maintenance is support for persons past the age of 18, granted to help cover expenses in certain circumstances.

Am I eligible to pay/receive adult child maintenance?

The Family Law Act (Cth) 1975 provides that situations where further financial support is necessary may include:

To enable the child to complete his or her education; or

Because of the child’s mental or physical disability.

Family law matters can be complex. We therefore recommend you seek legal advice from one of our Perth family lawyers. We invite you to discuss your particular matter with our Legal Practitioner Director, Ms. Shannon Bodeker.

Prior to your first appointment, you may send us an email, fax or similar, outlining your situation in as much detail as you like. This information will be read on a complimentary basis prior to your first family law appointment. For more information regarding our free services please look at our child support free pre read page. 

Email our Legal Practitioner Director, Shannon Bodeker at shannon@bodekers.com.au, for your complimentary pre-read and first appointment at a reduced rate.