No Comments

How a child support lawyer can navigate through a child vaccination dispute

Seeking advice from a child support lawyer in the midst of a global pandemic can add another layer of complexity to your legal proceedings. Medical developments remain ongoing as awareness of health advice heightens. As a result, it is difficult to navigate what actions are mandatory or optional. A particular area of uncertainty surrounds the vaccination status of children between the ages of five to eleven.

A recent decision passed in the Federal Circuit and Family Court of Australia explores this issue. As well as the relationship between law-making and law-enforcing authorities. A child support lawyer can inform you of Australia’s powers and their separation into three arms. More importantly each is a distinct authority tasked with specific roles; therefore they cannot influence one another. For example, parliament has the power to make and change laws. Whereas, the judiciary (the courts) is responsible for passing judgments on the law. READ MORE

No Comments

Changing Parenting Orders And The Principle Of Rice & Asplund

Under section 65D(2) of the Family Law Act 1975, a Court can make an order to discharge or vary a parenting order. A child custody lawyer will be able to inform you that despite this power, there was an important principle set out in the case of Rice & Asplund [1978] FamCA 84. This case ruled that a Court should avoid changing parenting arrangements unless there has been a significant change in circumstances or new material facts to justify such a “serious step”. Seeking advice from a child custody lawyer will help analyse the applicability of this test in the event that you may want to vary a prior parenting order. READ MORE

No Comments

Child Support Lawyers advice for Children over 18

Financial assistance for children under 18 is usually by way of child support. For children over 18, child support lawyers  may be able  to provide advice to determine if financial assistance usually by way of child maintenance will be suitable.

How do child support lawyers and the Court assess child maintenance 

Child maintenance orders for children over 18 are made at the Court’s discretion and in consideration of the threshold test and capacity to pay.

Section 66H requires the Court to;

  1. Consider the financial support necessary for the maintenance of the child; and
  2. Determine the financial contribution towards the financial support necessary for the maintenance of the child, that should be made by a party.

(a) Financial Support Necessary

In determining the financial support necessary the Court considers a variety of matters under section 66J of the Act. READ MORE

No Comments

The Role of Child Support Lawyers

Child support is an issue likely to transpire for parties separating with children. It is the way in which separated parents address their financial responsibility to their children.

The Australian Bureau of Statistics defines child support as:

“Cash or in-kind payments towards the financial well-being of children. These payments are usually made by the non-resident parent to the parent who has primary care of the children.”

What is the Child Support Agency?

The agency is a Government Human Services department that has the primary role of registering, assessing and collecting payments. READ MORE