Family lawyers you can trust
When a relationship breaks down the welfare and wellbeing of your children is of primary concern. Sometimes, in such emotional circumstances, it is difficult to reach an agreement with your former partner for child support without the assistance of a third party. Stacks family lawyers can help you come to an arrangement so that you have adequate access to your children or you receive the financial support you are entitled to, in order to be able to continue to provide for your children.
Child custody
Making decisions regarding parenting arrangements for your children can involve complex considerations in what is already an emotionally difficult time. The preference is always to attempt to reach an agreement out of court where possible and to avoid litigation, saving you and your family money, time and extra stress in already challenging circumstances.
If you can reach an agreement with your former partner about parenting arrangements following separation, this can be put into writing in a parenting plan, or consent orders. Although a parenting plan is not in itself a legally enforceable document, it can represent a great starting point and an understanding between you and your former partner. It may well be the only agreement you ever need, if both parents commit to following it.
A further option is to formalise your agreement as legally enforceable court orders, more commonly referred to as parenting orders. Provided there is an agreement between the parents, enforceable parenting orders can be made without either of you setting foot in a court room.
If you are unable to reach agreement on parenting arrangements, you can apply to the family law court for parenting orders. Stacks has an experienced family law team that will help and represent you through dispute resolution and through the court process. Our aim is to assist you to resolve your parenting dispute as early as possible, be it prior to the commencement of court proceedings, or as soon as possible during the court process.
Child support
Under the Child Support (Assessment) Act, the primary carer of the child or children can claim for child support from the other parent.
Stacks family lawyers can assist should you require legal advice in reaching an agreement for child support with your former partner. We can help you to negotiate on the amount and type of support payments and draw up an agreement, bypassing the need to involve the Child Support Agency should you wish.
If you cannot reach an agreement with your former partner, you have the option to have the Child Support Agency assist you in determining the amount to be paid through a child support assessment. Should a decision be made about your support payments that does not seem fair, a Stacks family lawyer can help you to prepare documentation for an independent review of the assessment, which involves a hearing.
Why choose Stacks Law Firm, Blue Mountains?
effective and clients are in control of their own legal affairs
A.F.
We can help with all aspects of family law
- Divorce and separation
- Support and maintenance
- Children’s issues
- Property and financial settlements
- De facto relationships
- Same sex relationships
- Consent orders
- Domestic violence and AVOs
- Prenuptial and other financial agreements
Got some questions?
First, the court determines the asset pool available for possible division. This involves identifying all relevant assets and liabilities, including superannuation.
Secondly, the court assesses the contributions made by each party during the course of the marriage. These contributions can be both financial and non-financial in nature, and can also include contributions as a home maker and parent, as well as other contributions.
Thirdly, the court assesses each party’s future needs to determine if a further adjustment of assets to one of the parties might be appropriate. Such things as a disparity in age, capacity for employment, care of children and health might be relevant considerations.
Finally, the court will make the orders that it considers to be fair and equitable and also determine how the division of assets can be achieved. That is, who keeps what. Often some assets will need to be sold in order to achieve the division of assets determined by the court.
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