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When a relationship ends, it is often necessary to divide financial resources. Child support payments and spousal maintenance payments can be organised as part of a property settlement to ensure your financial future.
If you are currently going through a divorce or the finalisation of a de facto relationship, you may be eligible for or required to pay spousal maintenance or child support payments.
It is essential to seek legal advice about your situation and understand how the Family Law Act defines financial assistance after a relationship ends. Child support is generally payable if children are involved, and this can be organised through a binding child support Agreement or the Australian government’s Child Support Scheme (Services Australia)
Our team’s extensive expertise will empower you with the knowledge to make informed decisions for your future, negotiating child support & spousal maintenance arrangements that prioritise your family’s needs.
Experience empathetic support throughout your parenting and property matters matters working with our team. We take a holistic approach and will guide you with compassion every step of the way.
We prioritise fair outcomes and fair negotiations, aiming for amicable agreements that progress your matter to finalisation while avoiding court proceedings whenever possible.
Spousal support can apply if one party cannot support themselves financially after divorce or separation, and the other party can do so. Spousal maintenance can be paid as regular ongoing payments or as a lump sum during property settlement negotiations. This may be done on a permanent basis or as an interim measure to ensure the spouse with a lower earning capacity can continue a suitable standard of living.
Every matter will be considered on its merits, and the court considers various factors when assessing amounts payable. Our team can help you understand your options for ongoing spousal maintenance for yourself.
In Australia, Child Support is a legal requirement for many separated couples to ensure that children are provided for after their parent’s relationship ends. Payment amounts can vary significantly and will reflect a family’s circumstances.
There are two ways to organise Child Support payments in Australia. The first is a binding Child Support Agreement, which both parents agree upon. This will stipulate the amounts to be paid and if things like school fees or other needs will be covered.
In Australia, spousal maintenance payments are relatively uncommon compared to countries like the US, where alimony is more frequently covered when a marriage or de facto relationship ends. Usually, they are awarded by the court when one party cannot support themselves due to an inability to earn an income, health issues, age or when they have been in a long-term home duties role.
Spousal maintenance can often be negotiated without commencing legal proceedings and may be paid on a one-off or ongoing basis. It is designed to ensure that the spouse without the means to support themself can maintain a reasonable standard of living when the other spouse is in a position to provide support. Spousal maintenance can apply for married and de facto relationships on an urgent, interim, or final basis.
The Family Court may issue an ‘urgent’ spousal maintenance order if one party needs immediate assistance to help with living costs. An ‘interim’ order may be granted for a period before a ‘final’ hearing – if the application is deemed viable.
A final order for spousal maintenance is designed to be permanent or until a specific circumstance occurs, such as:
It is imperative to get legal advice that considers your circumstances before applying for maintenance of this type. Our team is here to help and will ensure you have the best advice during your separation or divorce.
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Child support can be organised between you and your former spouse or former de facto partner as a private agreement formalised by a Binding Child Support Agreement. This legal document will define any amounts to be paid, whether regularly or periodically. Many couples choose to reach an agreement this way, based on what is fair and reasonable and the financial resources available to both parties.
If circumstances change, these agreements can be terminated (both party’s consent would be required) and a new agreement created. For instance, if either party’s income amounts significantly change, a new marriage or relationship occurs, or when one parent takes on more or less care of children covered by the agreement.
Services Australia uses a complex mathematical formula to create an assessment for a Child support liability/payment. This is based on the taxable income of both parties and the amount of nights each parent spends with the child/children.
If you choose to go make an Application for Child Support through Services Australia, they can collect the payments on your behalf (“agency collect“) or you can agree for your former spouse to pay maintenance to you directly, which is known as ‘private collection’.
If a payment or payments are not made then Services Australia will attempt to collect the outstanding amounts on your behalf, which may include taking money from the payer’s income, intercepting their tax return and other debt collection methods. If you have a private collection arrangement and a debt arises, you may need to change your arrangement into an “agency collect” arrangement.
For more information on government child support arrangements, please visit Services Australia.
If you are applying for spousal maintenance or child support, the Family Law Act does set time limits for applications to be made. For spousal maintenance cases, this is within 12 months of a divorce order being finalised or within two years of a de facto relationship ending. For child support this must be done before a child turns 18 years.
These time limits are essential to observe but can sometimes be extended (not with child support matters) if family or domestic violence is a factor or other significant issues have prevented one or both parties from meeting the deadlines.
To book an appointment with one of our experienced team members, please use our contact form below or contact (03) 9435 9044. We will ensure you have the information and support required to reach a fair and equitable arrangement.
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Good morning Charlie, I'd like to thank you and your team for your continued support and professional approach during what amounts to be a tough time.
Robert
Lymington (Tasmania)
Thank you so much Ruby for your support. I have had no problem with recommending you and the firm to others during our time together and will continue to do so in the future.
Stephen
Heidelberg
Just wanted to say big thank for everything over the last few months. Your support has been fantastic, I’ve felt heard and respected through the entire process. So relieved to finally be able to close that chapter.
Brianna
Thornbury
Ruby was fantastic, she made the whole process easy with no stress.
Ron
Viewbank
Great timely service and everything explained clearly.
Sara
Doreen
Shelley was very easy to deal with, and always had the answer for any questions or queries we had.
Daniel & Kiera
Whittlesea
Ruby was courteous and professional during the entire will process. Ruby took the time to understand our life situation and have a few laughs during the process. We thoroughly enjoyed Ruby’s approach of being professional but not stale and dull.
Grant & Robyn
Maribyrnong
Everything was done efficiently. Staff were all very friendly and helpful.
Kerri
Montmorency
Suzanna was extremely helpful and patient under difficult circumstances.
Leigh
Lower Plenty
Thanks Charlie. Your friendly manner, responsiveness and professionalism was much appreciated.
Rose
Rosanna
Thank you again for your very compassionate and professional handling of the signing. It's not easy by any means but you are making it so much better for us.
Noah
Watsonia
“Thank you St John for your great work and professionalism in finalising my divorce. It was great and after so many years it has taken to get to this place, it is still quite unbelievable that it has now been finished.”
Ava
Heidelberg
Everything gets sorted so quickly and everyone is so friendly.”
Pauline
Toorak
Suzanna and Shelley, acknowledged and thank you sincerely for all you have done, not only over the last few months for settlement, but also over the past two years….Your professionalism, thoroughness and exceptional communication has been deeply appreciated especially given I have been overseas for 80% of this process. Wishing you continued success in your business. I’m proud to say my lawyers and conveyancers are Tonkin Legal Group.
Mark
Fitzroy North
Hi Charlie, a word of thanks for the assistance and guidance provided by Tonkin Legal and in particular by yourself in settling my mother’s estate, throughout drawn out [to me] processes over the past two years. Your commitment and persistence in working through those processes on our behalf is truly appreciated.
Lindsay
Melbourne
PARTNER – ACCREDITED SPECIALIST IN FAMILY LAW
St John Heath is a Partner at Tonkin Legal Group and a leading Family Lawyer in Victoria.
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