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NOTICE ALERT IN LIGHT OF COVID-19
WHAT WE PROPOSE AND HOW WE CAN ASSIST
At Watson & Watson our clients come first. Please be assured of our continued dedicated services to all current and new clients.
As we have done in the past, we will continue to offer alternative conferencing methods ie video conferencing, skype or telephone conferences. Reviewing of all documentation provided to us prior to any initial conference will be all inclusive of our set fee. Do not hesitate to contact Shereen Da Gloria on (02) 9221 6011 should you have any concerns.
If you have been assessed for payment of child support you will have been assessed for payment of child support on the basis of your income. Australia now has nearly 1,000,000 unemployed where they have an obligation to pay child support pursuant to an assessment by the Child Support Agency or pursuant to a Binding Child Support Agreement.
When you lose your job the legal obligation to pay child support does not stop – it will not “go away”. If there are arrears of payment of child support the amount of the arrears is not waived. Becoming a bankrupt does not extinguish the arrears – the debt survives the bankruptcy.
Whether child support payments can be suspended, varied or need to be continued to be paid will vary depending on whether there is a Child Support Assessment (Administrative Assessment) or a Binding Child Support Agreement.
The obligation to pay child support imposed by a Binding Child Support Agreement will continue and child support will still need to be paid notwithstanding the financial circumstances of the person who is required to pay the child support may have changed significantly including unemployment.
A Binding Child Support Agreement can only be terminated by:
The Child Support Agency assesses a parent for payment of child support pursuant to the child support formula. The basic formula involves a consideration of:
An Application to change your Assessment in special circumstances must be made to the Australian Government Department of Human Resources (Child Support Agency). The parent paying child support or the parent receiving child support can apply to the Registrar (s98B). The Registrar must find that the person seeking a determination (variation) has established that there is a valid reason for a departure from the Administrative Assessment (s98c).
The Child Support Assessment is unfair because of the income, earning capacity, property or financial resources of one or both parents.
Section 117(2) of the Child Support Assessment Act sets out the grounds for departure and these are:
There are 10 reasons for a change of assessment (section 117(2)).
If you have any queries or concerns regarding child support whether pursuant to a Child Support Assessment or Binding Child Support Agreement or are proposing to seek child support from the other party and are unsure how to navigate this process, at Watson & Watson our Senior Family Law Lawyers can assist you. Please contact Richard Watson Senior Family Law Solicitors or his Personal Assistant Shereen Da Gloria to discuss your concerns and seek appropriate advice.
This is only a preliminary view and is not to be taken as legal advice without first contacting Watson & Watson Solicitors on 9221 6011.
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