Family Law
Child Support Lawyers
We help parents understand and manage their child support obligations, ensuring that arrangements are fair, sustainable and focused on their children's needs.
Proudly serving Mount Eliza, the Mornington Peninsula and Melbourne's Bayside suburbs.
Mt Eliza's Trusted Child Support Lawyers
Addressing child support during or after separation can be challenging at times, and the child support system can be difficult to understand. At Eliza Legal, we offer clear legal guidance tailored to your family’s financial situation and care arrangements. Our goal is to ensure that your children receive appropriate support, while protecting your financial wellbeing and legal rights as a parent.
Whether you’re negotiating private child support agreements or need help with a Services Australia assessment, our experienced family law team will guide you through every step. We focus on creating solutions that are practical, legally sound, and aligned with your child’s needs.
Experienced Legal Support for Child Support & Parenting Matters
Understanding your post-separation legal and financial responsibilities is crucial. At Eliza Legal, we help parents across Mount Eliza and the Mornington Peninsula understand child support laws and approach their matter with confidence. Our goal is to help you reach a sustainable agreement that supports your child’s needs - now and into the future.
Understanding Child Support Under Australian Law
Child support is governed by the Child Support (Assessment) Act 1989. It aims to ensure children receive appropriate financial support from both parents following a separation or divorce. The law is designed to create a fair system that considers income, care arrangements and the needs of the child.
Child Support Assessments
Services Australia generally calculates child support based on income, the percentage of care each parent provides and other key factors. While these assessments are standard, they can sometimes be challenged or reviewed, especially in complex financial situations.
Private Agreements
Parents may also choose to make a private agreement outside of the standard assessment. This can be informal or formalised through a Binding Child Support Agreement or Limited Agreement, providing flexibility in how support is structured.
Binding Child Support Agreements
A Binding Child Support Agreement is a written agreement signed by both parents, with each having received independent legal advice. It allows parents to set their own terms—whether that means paying more or less than the standard child support amount, or including "non-periodic" contributions such as private school fees or health insurance. These agreements provide long-term certainty, are legally enforceable, and do not require a current child support assessment to be in place.
Binding Child Support Agreements are particularly useful where parents have agreed on a tailored arrangement that suits their child’s unique needs and to provide certainty to parents, particularly when one (or both) parents are self-employed and have irregular income.
How we can assist:
Every family has different financial realities. Our experienced child support lawyers provide clear, strategic legal advice to help you manage obligations and entitlements in a way that works for you and your child.
Our child support services include:
- Strategic legal advice on child support rights and responsibilities
- Drafting and reviewing Binding Child Support Agreements
- Negotiating private child support arrangements
- Advice on the connection between parenting time and child support
- Guidance on variations due to changing financial or care circumstances
Please contact our team today for expert advice tailored to your child support concerns.
Why Work With Eliza Legal?
We offer more than legal knowledge - we offer clarity, compassion, and practical solutions tailored to your family's financial needs.
Expertise in Family Law
Experienced family lawyers with deep knowledge of Australia’s child support system
Quality Legal Advice
Advice that balances legal obligations with real-life practicalities
Integrated Family Solutions
Legal solutions that integrate child support with broader separation, parenting, or financial matters
Local Expertise
A local, trusted firm supporting families throughout the Mornington Peninsula
Our Process
Step 1: Free 20-Minute Discovery Call
Speak with a family lawyer to understand how we can assist and what your options are.
Step 2: Fixed-Fee Initial Consultation ($440)
A 90-minute consultation where we’ll review your situation, provide tailored advice, and help you plan the next steps. Prior to your consult, we’ll send a 'Client Intake Form' to help us prepare and deliver the most value during your session.
Step 3: Ongoing Support
If you proceed with us, we’ll clearly outline costs and next steps. You’ll receive advice and representation tailored to your circumstances.
Frequently Asked Questions
Have another question that hasn't been answered? Get in touch with our team and we'll help answer all your questions.
How is child support organised in Australia?
Services Australia (the Child Support Agency) usually assesses child support based on a formula, which includes each parent's income and how much time they spend caring for the child (amongst other things). Private arrangements are also possible. Our team can help you understand your rights and obligations, draft legally binding agreements and respond to disputes or unpaid support.
Can child support be changed later?
Yes, if your income or care arrangements change significantly, you may be able to update your child support assessment or agreement. We provide advice and support through the variation process to ensure it reflects your current situation and your child’s evolving needs.
How is child support assessed?
Child support is calculated based on each parent’s income, the amount of time the child spends with each and the number and ages of children. The child support scheme, governed by the Child Support Assessment Act, provides an administrative assessment setting through Human Services to determine the amount of child support payable.
How is child support recovered?
If child support payments are missed on a government collect arrangement, Human Services can recover them through tax refunds, wage deductions or legal enforcement. They will not recover amounts from a private collect agreement though, the onus will be on the parent who is recovering amounts to initiate court proceedings. If you’re struggling to receive money from the other parent, we can provide legal assistance to protect your rights and secure payment.
What should child support cover?
Child support payments cover everyday costs such as food, clothing, housing and school supplies. Extras like school fees or medical costs may be included if parties agree. The goal is to ensure adequate financial support provided for the child’s needs, regardless of which parent spends more time with them.
What is a departure application?
A departure application allows a parent to request changes to an administrative assessment under special circumstances. Reasons might include the partner's income affecting support, or if the child has additional needs. This legal process may involve a tribunal or court, and we can assist with preparing your case.
What is adult child maintenance?
Adult child maintenance is financial support provided for children over 18 who are still in school or have a disability. Child support applications for adult children will typically requires court proceedings, unless both parties can reach a successful agreement on the amount. Our law firm can guide you through the process of obtaining fair and appropriate orders.
Book A Time To Talk To Our Child Support Lawyers
Whether you're setting up support arrangements, disputing a current assessment, or adjusting your obligations, Eliza Legal is here to help. Our experienced family lawyers offer personalised, practical advice to guide you through every step with confidence. Take the first step toward clarity and resolution.
