When I found out my husband had been cheating on me, I felt like the ground had opened up beneath my feet. Suddenly it felt like anything I had believed in was unsure. After some reflection I realised that I had been blind about how badly our marriage had been going, and I can't live in that lie anymore. The only way through the darkness is to leave the lies and cheating behind and start over in my life, committed to honesty in all my relationships. This blog is all about my journey through separation and divorce into my new honest life.
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Child support is a critical issue that must be discussed when parents separate and before divorce. The lack of proper arrangements can compromise the welfare of the child or lead to unnecessary and long legal proceedings. Basically, child support is used to refer to the finances that one parent provides to the other for the single purpose of providing for their child. This issue applies to all minors, and both parents are responsible for financial sustenance. Child support laws might also apply for adults who are disabled or other qualifying individuals. Here are the most important aspects of child support that you should understand.
Agreements
Where possible, it is advisable for parents to make a mutual agreement on their child support situation. These agreements must encompass details on the amount of child support owed and how it will be delivered. Your agreement with your former partner can either be limited or binding.
Limited agreements are simply a formal agreement between the parents; it should be in writing to be legally valid. It is not a requirement to get legal advice before signing the agreement. However, you will be subject to an assessment, and the agreement must be approved by Human Services.
If you want to make a binding agreement, you must get independent legal guidance. You will not be subject to an assessment, so you can agree on any amount before signing the agreement.
Assessments
If it becomes apparent that you cannot come to an agreement on the child support, you can apply for an assessment. Basically, this is an evaluation conducted by Human Services to determine the amount of support to be paid. This will eliminate any disputes and make the transition easier for the child.
The calculation is made by assessing different factors in the family. These may include the financial income of the parents, the cost of raising each child, responsibility to other children and even the level of personal care provided. If the amount which is decided upon during the assessment does not seem fair to you, you should consult your lawyer. There are legal ways to challenge and overturn decisions on child support.
Payment
The Human Services department can collect the child support payment and transfer it on behalf of the involved parents. This option is advisable for you if there are risks of the payment process being poorly handled by either party. You can make a private agreement for collection and transfer, but you should discuss the benefits and risks with your lawyer before proceeding.
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