How much time will children spend with each parent? Does one parent stay in the family home with them to minimise disruption? And how do the finances work?
Every family is different, and the issues can be complex. If you’re like most separating parents, you probably haven’t considered all the options and implications. Practical and realistic advice from an experienced family lawyer can help you achieve a positive outcome for you and your children.
Below, we’ve listed key areas and issues to consider. For advice relevant to your specific situation, please contact us.
Parenting, Custody & Child Support Arrangements
For separating parents, the biggest challenge is how to look after the children.
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Custody Arrangements
As a separating parent, the care arrangements for your children are a priority. Legal advice, support and guidance are essential as you put new arrangements into place.
At Moran Family Law, we advise you on all options available in your particular circumstances.
In most cases, we focus on negotiating a sensible, practical and reasonable agreement. This is not only quicker and cheaper, it also avoids disputes and conflict. But this approach cannot always achieve a satisfactory outcome. If you face this situation, we have the expertise and experience to look after your interests. We negotiate or litigate to achieve the best possible outcomes for you.
Our experience with difficult, complex and hard-fought parenting disputes includes cases involving:
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drug, alcohol and substance abuse issues
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mental health problems
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violence and accusations of violence
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relocation
Until you know how much time your child or children are spending with you or with your ex-partner, it can be difficult to accurately work out how to handle the financial costs of parenting. Child support arrangements are generally determined in a few different ways.
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Child Support set by the Child Support Agency
If parents cannot agree on the amount of child support to be paid, the Child Support Agency will set an amount.
The Child Support Agency uses a formula to calculate this amount. It takes into account, amongst other things, the income of each parent and the number of nights the children spend with each parent. Items such as private school fees, extracurricular activities, holiday expenses, medical expenses and health insurance are not considered in setting the amount.
Most parents consider that this amount rarely covers all of the expenses of raising a child. Instead, they negotiate an amount which both parents feel is reasonable. This is then recorded in a binding child support agreement.
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Binding Child Support Agreement
A Binding Child Support Agreement is an agreement between separated parents about the child support to be paid.
Child support is for the benefit of the children. It may include:
- an ongoing 'cash' payment to the other parent to meet day to day living expenses for the children
- provision for additional expenses such as private school fees, extracurricular expenses, clothing, medical and dental expenses.
