Many parents want to know if they can challenge a child support assessment in Australia, especially when circumstances have changed or when the assessment does not reflect the real cost of raising their child. You have options to challenge assessments.
Australia’s child support system can be daunting and complex. It becomes more complex when life circumstances change. A common question many parents ask is: “What happens if my ex has more children after we separate?”
In Australia, both family law and child protection laws aim to keep children safe from harm and support their wellbeing. However, they are handled by different courts, follow different procedures, and involve different agencies. When these two areas overlap, it can often create confusion for parents and carers.
Child support, if using the Child Support Agency, is a formula assessed on each parent’s taxable income. With the variations on what is a “taxable income” declared to the Child Support Agency, there are times when parents wonder if they can stop paying child support.
Sometimes, people involved in a family law matter may be unable to represent themselves due to age, incapacity or disability. In these circumstances, a litigation guardian (or often referred to as a case guardian) may be appointed.
A common area of confusion for separated parents is whether child support covers the costs of extra-curricular activities such as sports, music lessons, school camps, or dance classes and, if not, what other options there are for payment of these activities.
It is crucial that you understand how bankruptcy can impact your rights, finances, property settlement and even parenting arrangements. This article will explain what may happen if your ex-partner declares bankruptcy after separation and what steps you can take to protect yourself.
If your communications with the other side start to get messy or out of control, sometimes there is panic and people can be tempted to covertly and secretly record conversations. It’s important to know that there are legal limitations as to whether those recordings can or will be considered in Court and whether they were legally taken at all.
A DNA paternity test can be performed where there is a dispute about who the child’s parents are. Most commonly, disputes can arise about who the father is in the context of child support. However, it is also common to see an application for DNA paternity testing in family law proceedings where a party is seeking to spend time with a child.
The Family Law Act deals with what is referred to as “adult child maintenance” or “child maintenance”. The purpose of this Division is to ensure a proper level of financial support of children by their parents, having regard to their respective means.
When a marriage or relationship breaks down, a question that often comes to mind is, “They make so much more money than me, I am sick, I am keeping the care of the children – will I be compensated for our different future needs?”
Following separation, one of the first issues people turn their minds to is what if any, financial support they may be entitled to from their former partner. Child support and spousal maintenance can provide financial support to a spouse who may not have sufficient income to support themselves and their children after separation.