Child Support is paid for the benefit of children. The amount of an individual Child Support obligation is generally determined by an administrative assessment made by the Child Support Agency. For some people rather than relying on the formula as applied by the Child Support Agency,...
There are certain payments or transfers that may be made pursuant to a property settlement that can impact how a Child Support Assessment is determined or reviewed. In the recent decision of Ely & Ely & Anor [2019] FCCA 503, the Court was required to consider...
When parents separate they have the difficult task of explaining their decision to their children. Young or old, children are generally effected by their parents decision to separate and having a conversation like this needs to be age appropriate as children at different ages have...
The Court determines what is in a child’s best interest by considering the matters set out in Section 60CC of the Family Law Act 1975. Under this section the Court is required to consider any views expressed by the child and the weight it should...
The area of law that establishes whether a donor is a ‘legal parent’ for the purposes of the Family Law Act 1975 (Cth) is an area of law that is still emerging. As to recent and current developments in this area of law, the High Court...
The paramount consideration in all parenting matters is the ‘best interests’ of the children. The Family Law Act aims to promote and preserve the right of each child to know and have a relationship with both of their parents. Parents do not have “rights” addressed...
After you separate it is possible that you may need to consider the sorts of arrangements you want for your children or for your property going forward. An agreement with your spouse can be achieved in a number of ways, including: 1. Negotiation directly with your spouse...
Over the last ten years we have found that the issue of child support has become an increasingly vexed issue between separated parents. But what about a step parents obligation to support step children? Ordinarily child support recognises the obligation of a child’s parents to support...
If you don’t agree with a child support decision made by the Child Support Agency you may be able to object. You may want to object if you believe that Child Support have relied upon incorrect or old information, not considered all of the facts,...
Simply put, no. A standard child support assessment is based on a child attending a state school. In special circumstances however, a party can apply for a change of a standard child support assessment to include provisions for private school fees. Section 117(2)(b)(ii) of the Child Support...
