Children's Issues


While many separated couples are able to reach out-of-court arrangements by themselves for the care and support of their children, there are couples who find difficulty in doing so. Borchard and Moore will assist you in reaching an agreement with your ex regarding the care and support of your children through sound, practical and expert legal advice. Furthermore, if you are applying for a divorce, it will not be granted by the court unless provisions on the care and support for your children have been made.


What is child support?


Child support is the financial support that parents are legally obliged to provide for their children whether or not they are married to the other parent. 


What are the factors in assessing child support?


The Child Support Agency considers the following in calculating child support:


  • the parents' income

  • whether or not other children are being supported by the parents

  • ages of the children and costs for raising them

  • the amount of time each parent spends with their children.


Can my former partner and I just agree on our children's support and care?


Yes, you and your spouse can make arrangements between yourselves on the care and support of your children. The agreement can be in any form (oral or written), but should you decide to put it into writing, you may want to consider having a Parenting Plan.


How can I be the primary carer of my children?


There are several factors considered in deciding who will be the primary carer of the children, including their age, the nature of their relationship with you and the other parent, your and the other parent's ability to provide care for your children, and many others.


Can the primary carer of the children claim for support from the other parent?


Yes, and the child support is determined based on the parent's income, the number of children and their living arrangements.


Email or call us now on (03) 9546 8155 to get expert legal advice and representation.