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CHILD SUPPORT & CUSTODY SUPPORT LEGAL
ADVICE (Family Lawyers in
Brisbane)
You can obtain general information and assistance by contacting
the Child Support Agency or visiting the CSA website.
However, there are a number of areas where the provision of
specialist legal advice will be of assistance to you. The child support
legislation is complex and your legal position may not be as clear as you may
believe. In fact, we suggest that you make an appointment to discuss
your Child Support entitlements and liabilities as you may be unaware of
alternatives to your present position.
Objections and Reviews
If you are unhappy about a decision of the Agency an objection may
be lodged. In certain circumstances you can seek a review of the
application of the child support formulae to your individual
circumstances. Following the exhaustion of the internal review process
you can apply to the Social Security Appeals Tribunal (SSAT) regarding the
objection or the assessment. We suggest that you obtain advice from us
prior to proceeding through the internal Agency review process and strongly
suggest you obtain legal advice before embarking on an application to the
SSAT.
Child support agreements
Parents may decide to make an agreement about the amount and form of
child support to be paid as an alternative to an administrative assessment.
Whilst it is possible to utilise the Child Support Agency's pro-forma
agreement you should obtain advice even if you believe you are entering a
straight forward simple agreement.
It may be that what you are agreeing to is unenforceable and not
capable of being registered with the Agency as a binding child support
agreement. Extreme caution needs to be exercised when attempting to
combine child support issues with a property settlement.
As an example we have previously acted for individuals who have
believed that they had paid their child support obligations "up front" by
transfer of property or payment of a lump sum when in fact they remained
liable to pay child support in the future. The documents they thought
protected them from future claims were unenforceable because they were
improperly drafted. Child support payments over the life of a child can
be substantial.
You may be entitled to more Child Support than what you are
currently receiving.
Why take the risk and act without specialist legal advice? Our
initial consultation fee of $110 could save you thousands. We cannot
over emphasise the importance of getting advice from us first.
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Randal
Binnie
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FAMILY
MEDIATION
(Senior Partner of FLMS)
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Mark Francis
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FAMILY
LITIGATION
(Senior Partner of FLMS)
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BRISBANE & GOLD COAST FAMILY LAWYERS
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