CHILD SUPPORT

Issues relating to all children fall under the Family Law Act, and thus are dealt with through The Family Court and Federal Magistrates Court. This is the case for children from all types of relationships; whether the parents are married, de facto, same sex couples or adoptive.

The Family Law Act places parental responsibility on both parents, regardless of whether they separate or enter new relationships. According to sections 61B to 61DB of the Family Law Act, parental responsibility refers to the duties, powers, responsibilities and authority which parents have in relation to their children.

Pre-Action Procedures

Reaching a settlement out of court saves you and your family considerable time, stress and money.

When applications for parenting orders are filed with either the Family Court or the Federal Magistrates Court, both parties are ordered to undergo “pre-action procedures” including participation in a dispute resolution. A court will require a certificate from an accredited family dispute resolution practitioner before an application for parenting orders can be filed with the court.

Pre-action procedures are a requirement except in circumstances where there is family violence, child abuse or urgency.

Armstrong legal do not only represent you in Court. We are committed to assisting you in the process of dispute resolution outside of court as well as with the formalisation of agreements.

Applying for Parenting Orders

Parenting orders are legally binding arrangements which cover the following:

• Parental responsibility and decision-making
• With whom the child will live
• The time with which a child will be allowed to spend or communicate with the other parent
• Child maintenance orders (although these are less frequent because most children are now covered under the Child Support Scheme).

If no out-of-court agreement can be reached then an application for parenting orders must be submitted to either the Family Court of the Federal Magistrates Court. A parenting order may also be applied for by:

• The child
• A grandparent
• Any other person concerned with the care and welfare of the child

The decision is then made through a court hearing. The court bases its decision on what is in the best interest of the child or children. More information about how the court makes its decision can be found Section 60CA, Section 60CC and Section 64B of the Family Law Act 1975.

Child Support:

Under the Child Support (Assessment) Act, the primary carer of the child or children can make a claim for child support from the other parent. The Child Support Agency is responsible for administering your child support arrangements, and assessing the amount of support which should be provided. The decision is based on each parent's income, the number of children and their living arrangements.

If the Child Support Agency makes an assessment which does not seem just or equitable, it is possible to apply for an independent review of the assessment by a Senior Case Officer (SCO). The review is determined through a hearing. If you believe that your assessment needs reviewing, Armstrong legal can assist with the preparation of material and important submissions in order to achieve the best outcome for you and your children.

It is also possible to enter into a private child support agreement with your former spouse, without having to go through the Child Support Agency. Armstrong Legal is experienced in the drawing of private child support agreements and can assist you in the negotiating and formalising an agreement with your former spouse.