Maintaining Child Support in Australia

on

 Maintaining Child Support in Australia

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. maintaining child support in Australiathe 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).

Section 66K of the Act stipulates:

Matters to be taken into account in determining the contribution that should be made by a party 

law1. In determining the financial contribution, or respective financial contributions, towards the financial support necessary for the maintenance of a child that should be made by a party, or by parties, to the proceedings, the court must take into account these (and no other) matters:

a) the matters mentioned in sections 66B, 66C, and 66D; and

b) the income, earning capacity, property, and financial resources of the party or each of those parties (this is expanded on in subsection (2)); and

c) the commitments of the party, or each of those parties, that are necessary to enable the party to support:

(i) themself; or

(ii) any other child or another person that the person has a duty to maintain; and

d) the direct and indirect costs incurred by the parent or other person with whom the child lives in providing care for the child (this is expanded on in subsection (3)); and

e) any special circumstances which, if not taken into account in the particular case, would result in injustice or undue hardship to any person.

 

2. In taking into account the income, earning capacity, property and financial resources of a party to the proceedings, the court must have regard to the capacity of the party to earn and derive income, including any assets of, under the control of or held for the benefit of the party that do not produce but are capable of producing income.

3. In taking into account the direct and indirect costs incurred by the parent or other person with whom the child lives in providing care for the child, the court must have regard to the income and earning capacity forgone by the parent or other person in providing that care.

4. In determining the financial contribution, or respective financial contributions, that should be made by a party, or by parties, to the proceedings, the court must disregard:

a) any entitlement of the child, or the person with whom the child lives, to an income-tested pension, allowance or benefit; and

b) the income, earning capacity, property and financial resources of any person who does not have a duty to maintain the child, or has such a duty but is not a party to the proceedings, unless, in the special circumstances of the case, the court considers it appropriate to have regard to them.

5. In determining the financial contribution, or respective financial contributions, that should be made by a party, or by parties, to the proceedings, the court must consider the capacity of the party, or each of those parties, to provide maintenance by way of periodic payments before considering the capacity of the party, or each of those parties, to provide maintenance:

(a) by way of lump sum payment; or

(b) by way of transfer or settlement of property; or

(c) in any other way.

6. Subsections (2) to (5) 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).


Learn more about Section 66K of the Act stipulates and Section 66S of the Act - visit the main article source - Maintaining Child Support in Australia.


Need Legal Help?

If you need help, please contact the Brisbane Family lawyers team at James Noble Law today for a FREE, no-obligation 20-minute consultation. To schedule an appointment with one of our Qualified and experienced Best Family lawyers Brisbane.

Find Brisbane family lawyers on Google Maps near you.

You may also like to know more information about the

Comments

Post a Comment