Spousal Maintenance and Child Support

Reaching a fair and workable agreement on spousal maintenance can help avoid lengthy and costly court proceedings. At Chamberlains, we assist clients in negotiating maintenance arrangements that are tailored to their specific needs and financial realities. This may involve periodic payments, lump sum settlements, or a combination of both, depending on what is most appropriate for your situation.

Tailored, Sustainable Solutions

We work collaboratively with the other party or their legal representatives to reach an agreement that is both legally sound and practically sustainable. Our team ensures that all relevant factors are considered, including future earning capacity, retraining needs, and the impact of any caregiving responsibilities.

Formalising the Agreement

Once an agreement is reached, we help formalise it through binding legal documents or court orders, providing you with certainty and peace of mind moving forward.

Child support is a critical component of post-separation parenting, ensuring that children continue to receive the financial support they need to thrive. At Chamberlains, we provide comprehensive advice on your rights and obligations under the Child Support Scheme, administered by Services Australia. We explain how child support is calculated, what factors are taken into account, and how to manage changes in circumstances.

Navigating Your Rights & Obligations

We help you understand how child support assessments work, including income calculations, care percentages, and special expenses. Whether you’re the paying or receiving parent, we ensure you have a clear picture of your legal position and options.

Resolving Disputes with Practical Solutions

If disputes arise, whether about the amount of support, payment methods, or compliance, we offer practical solutions to help resolve them efficiently. This may involve negotiating directly with the other parent, seeking a reassessment through Services Australia, or pursuing legal remedies where necessary.

Our goal is to minimise conflict and ensure that your children’s best interests remain the central focus of any resolution.

In many cases, parents prefer to make their own arrangements for child support rather than relying solely on government assessments. At Chamberlains, we assist in drafting and formalising both Binding Child Support Agreements and Limited Child Support Agreements. These agreements can cover a wide range of expenses, including school fees, extracurricular activities, medical costs, and general living expenses.

Tailored Agreements for Real-Life Needs

We ensure that your agreement is legally enforceable, clearly worded, and tailored to your family’s specific needs. Our lawyers take the time to explain the implications of each type of agreement and help you decide which option is most suitable for your circumstances.

Registering & Securing Your Agreement

Once finalised, we can register the agreement with Services Australia if required, providing an additional layer of security and enforceability. Our goal is to give you peace of mind and clarity around your child support arrangements.

Life circumstances can change unexpectedly, and support arrangements may need to be reviewed or enforced. At Chamberlains, we assist clients in applying to vary existing spousal maintenance or child support orders when there has been a significant change in financial circumstances, such as job loss, illness, or a change in caregiving responsibilities.

Varying Orders After a Change in Circumstance

We help you assess whether your situation meets the legal threshold for variation and guide you through the application process. Our team ensures that your case is supported by the right financial documentation and presented clearly to the court or Services Australia.

Enforcing Non-Compliance

When the other party fails to meet their obligations, we act swiftly and decisively. This may involve initiating court proceedings, liaising with Services Australia, or taking other legal steps to recover unpaid amounts. Our priority is to protect your financial interests and ensure that support arrangements remain fair and effective over time.

Strict time limits apply to spousal maintenance claims, and missing these deadlines can significantly impact your legal rights. For married couples, applications must generally be made within 12 months of a divorce becoming final. For de facto relationships, the time limit is two years from the date of separation. At Chamberlains, we ensure that you are aware of these deadlines and help you act promptly to preserve your entitlements.

Acting Fast When It Matters Most

In urgent situations, such as when you are at risk of financial hardship, we can apply for interim maintenance orders to provide immediate support while longer-term arrangements are being determined. Our team is experienced in handling urgent applications and will work quickly to secure the financial relief you need.