Maintaining Child Support in Australia

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A Party in Australia may apply to vary an overseas maintenance order, agreement or liability registered in Australia. ‘a child support maintenance order made by a judicial authority of a reciprocating jurisdiction’

Matters to be taken into account in considering financial support necessary for the maintenance of a child.

The relevant sections of the Family Law Act

In considering the financial support necessary for the maintenance of a child, the court must take into account these (and no other) matters:

  1. the matters mentioned in section 66B; and
  2. the proper needs of the child (this is expanded on in subsection (2)); and
  3. the income, earning capacity, property, and financial resources of the child (this is expanded on in subsection (3)).

In taking into account the proper needs of the child the court must have regard to:

(i) the age of the child; and

(ii) the manner in which the child is being, and in which the parents expected the child to be, educated or trained; and

(iii) any special needs of the child; and

(iv) The Court may have regard, to the extent to which the court considers appropriate in the circumstances of the case, to any relevant findings of published research in relation to the maintenance of children.

In taking into account the income, earning capacity, property, and financial resources of the child, the court must:

  1. have regard to the capacity of the child to earn or derive income, including any assets of, under the control of, or held for the benefit of the child that does not produce, but is capable of producing income; and
  2. disregard:

(i) the income, earning capacity, property, and financial resources of any other person unless, in the special circumstances of the case, the court considers it appropriate to have regard to them; and

(ii) any entitlement of the child or any other person to an income-tested pension, allowance, or benefit.

Subsections (2) and (3) do not limit, by implication, the matters to which the court may have regard in taking into account the matters referred to in subsection (1).

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