When is Child Support Applicable and What Does It Cover?

Child Support Cover: The financial well-being of the children is always of the highest consideration when couples separate or divorce. If one parent has custody of the children, for the most part, that doesn’t mean the other parent is no longer obligated to offer financial assistance for the expenses of the children.

So what things does child support typically cover?

The general and the rather broad list includes:

• Schooling
• Medical costs
• Food
• Housing
• Clothing
• Extracurricular activities

Generally, child support is paid by the partner with more income, but less time with the children. The amount is typically negotiated depending on the state of the relationship after the breakdown of the marriage or de facto partnership.

To have an idea of how many children support you might likely be required to pay, you can visit the Child Support Agency (CSA) website and make use of their child support calculator, which takes into account the income and circumstances of both parents, as well as how many children under the age of 18 are involved. This is an estimation tool only.

It’s always the best course of action to be able to work out financial care for the children outside of a courtroom. While it’s not always possible, it is the most amicable.

Some parents may insist on child support amounts that are unfair or too high, desiring to use the money to pay for health insurance and private schooling. While health and schooling come under the broad categories of child support mentioned above, private school fees and premium health insurance policies are up for negotiation between both parents.

To effectively mediate the child support agency process so it’s fair for everybody, it’s best to collaborate with your legal representatives. You need to team up with a law firm that has experience and expertise in collaborative law and family law.

That team in Brisbane Aylward Game Solicitors. With specialist training in this field and many years of practical experience, we are the law firm you can count on for an expedient and fair resolution to your child support requirements.

Article Source: Child Support 

When can a child decide where they live?

 

We regularly get asked by clients when their child can decide where they will live and who they will live with. There is no set age at which the Court will allow children to make this decision.

The Court’s paramount consideration when deciding where a child should live is based on the child’s best interests. There are many factors that the Court needs to consider to determine what the best interests of the child are. The Court’s primary considerations are that the child have the benefit of a meaningful relationship with both of the child’s parents and the need to protection the child from physical or psychological harm.

The Court also has additional considerations when determining what is in the best interest of the child. Some examples include: each parent’s ability to look after the child’s needs, the attitude of
each parent, the effect of any change in circumstances may have on the child, the relationship the child has with each parent, and so on. These considerations will be weighed together with the views of where the child wishes to live.

When deciding how much weight to give a child’s view of where he/she wants to live, the Court will consider factors such as:

a) The age of the child – generally the older the child gets the more weight their views will have (e.g the views of a child who is 15 have more weight than a 5-year-old child);

b) The child’s maturity and understanding – maturity levels can vary significantly for children of the same age (e.g you can have two children the same age and have one very mature child who understands the impacts of their view and another child who lacks the insight)

c) Whether the child has been influenced by another parent; and

d) The views of other siblings.

There can also be instances where the Court however considers the child’s views and the other considerations and will still Order that an older and more mature child should spend time with a
parent with who they have said they do not want to spend time with. Unfortunately, it is in not a simple answer.

Children are not required to give evidence to the Court. The way the Court can understand the child’s views is through a Family Report being prepared. A Family Report is a report prepared by either a social worker or a psychologist who reviews the Court material and interviews the parents and the child/ren. In these interviews, the parents and children can express their views and the
Family Report Writer will release a report that sets out the parents and child/ren’s views, an evaluation of the information provided by them, and how much weight should be placed on these
views and they will make recommendations to assist the Court, for example: where the child/ren should live and how much time they spend with the other parent.

As you can see, there is no set age that a child can decide where they wish to live. Generally, the older and more mature they are, the more weight will be given to their views however it is important to remember that the Court’s primary consideration will be the benefit of the child having a meaningful relationship with each parent and the need to protect the child from harm.

At Aylward Game Solicitors we have experienced Solicitors who will be able to assist you in navigating these aspects of your Family Law Matter. If you wish to discuss your parenting arrangements, please contact our office on 1800 217 217

Article Source: Child decide where they live