Child Support & Maintenance FAQs

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

Child Support and Maintenance FAQs

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 or 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 the average child support per child?

Child Support is based on the incomes of both parents and the number of nights the child or children lives with each parent.

There are other factors in assessing the amount of child support that needs to be paid.

Parents can enter into Child Support Agreements.

What percentage of your income do you have to pay in child support?

The percentage of your income that you pay for child support is based on the incomes of both parents and the number of nights the child or children live with each parent. There are other factors in assessing child support.

What are my rights as a father paying child support?

Fathers have rights to pay an amount of child support based on their income, the nights that the children live with them and a range of factors.

What is adult child maintenance and am I eligible for it?

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

The Family Law Act (Cth) 1975 outlines the circumstances where financial support of a child above the age of 18 may be necessary:

  1. To enable the child to complete his or her education; or
  2. Because of the child’s mental or physical disability.

If an agreement cannot be reached between the adult child and the parents, negotiations may need to take place between the respective legal representatives through mediation or otherwise.


Let’s work it out, together

Bodekers Family Lawyers & Mediators are very experienced in child support family law in Perth, Western Australia.

Prior to your first appointment, you may send us an email, fax or similar, outlining your situation.

We read this and get up to speed on your background before meeting with you. This saves you time and costs in your first family law appointment.

For more information regarding our free services please visit our child support free pre read page.

Contact us below to secure your complimentary pre-read and first appointment at a reduced rate.