Parents of the child include biological parents, adoptive parents and people who have become parents as a result of adoption or an artificial conception procedure.

Parentage will be presumed if:

• the child was born during a marriage,
• the parents lived together for a certain time before the child was born (if this applies to you, it is important to get legal advice),
• a person is named as a parent during court action or on a birth certificate,
• a person has signed an ‘acknowledgment of paternity’ or
• a person has adopted the child.

A step-parent of a child cannot be the subject of an application for a Child Support Assessment, but it is possible to apply for a Court Order requiring a step-parent to provide financial support for their step-child. The court must be satisfied that the step-parent has a duty to maintain the child before it will make an order.

A child is no longer eligible when they turn 18, although they can continue to receive Child Support until the end of the school year if they are in school.

A child who is married or living in a de facto relationship is not eligible for Child Support. A child who is adopted will also no longer be eligible to receive Child Support payments.

Another exception applies where the person entitled to receive payments passes away. It is possible to specify in an order that it is to remain in force after the death of the person entitled to receive payments. The order must also specify who is to receive the payments upon the death of the person originally entitled to receive the payments.

Children who are under the care of somebody, as specified by a child welfare law, are excluded from Child Support.

The Child Support Scheme covers all children living in Australia whose parents have separated. It does not matter whether the parents were ever in a relationship and it is not relevant whether a parent spends time with their child or not. There are arrangements with certain countries for the collection and payment of Child Support, if one of the parents live in that country.

If a child turns 18 during their last year at school then that child is eligible for child support until they complete the school year. A child who is married or living in a de facto relationship is not eligible for Child Support.

Each parent has a duty to financially support their child. This duty exists, regardless of whether the parents were in a relationship and it is not relevant whether a parent spends time with their child or not.

The duty of a parent to support a child takes priority over other commitments held by parents to maintain themselves or any other person they have a duty to maintain. Upon finalisation of any Court Orders, the person applying for them must inform the Child Support Agency of any Orders made or agreements reached. A copy of the Orders or agreements must also be provided to the Child Support Agency.

The term ‘parent’ includes biological parents, adoptive parents and people who have become parents as a result of an artificial conception procedure.

Whether a parent is liable to pay child support will depend on their circumstances. A parent who has the care of a child for at least part of the time and who is not living with the other parent can apply for child support. The amount of time a parent spends with their child, can affect the amounts paid. Parents can apply for Court Orders to spend time with their child. In some circumstances another eligible person who has care of a child can apply for Child Support.

In order to receive Child Support, a parent or eligible carer needs to show they have at least shared care of the child and the other person is the natural or adoptive parent.

Where parents can agree, the Child Support Agency does not have to be involved. Agreements should be signed and in writing and can be registered with the Child Support Agency.

Some parents may prefer for the Child Support Agency to work out the amount to be paid, but the amounts can be transferred privately. Receipts for private payments made or received and should be retained.

An application for child support is made to the Child Support Agency (CSA) which administers the Child Support Scheme. An application can be made by completing a form which is available from the CSA or Centrelink. An application can also be made online through the CSA website.

Either a parent from a marriage, a parent from a de facto (including same sex) relationship or an eligible carer can apply to have a Child Support Assessment by the Child Support Agency. Provided the formal requirements for an application are satisfied, the Child Support Agency will make an administrative assessment of Child Support called a ‘Child Support Assessment’. An Assessment Notice will usually issue several weeks later. This will tell each parent how much they are to receive/pay each month and about their rights relating to the payment/receipt of Child Support.

To obtain an indication of your likely child support obligation or entitlement, click here to access the Mathews Family Law & Mediation Specialists Child Support Calculator (standard calculation).

When making any Court Orders or varying a Child Support Agreement, the court must always consider the best interests of the child.

Factors which determine whether or not arrangements are in the best interests of the child include:

• the benefit of the child in having a relationship with both parents,
• the need to protect the child from harm,
• ensuring children receive adequate and proper parenting to reach their full potential and
• ensuring that parents fulfill their duties and perform their responsibilities towards their children.

The principles underlying these objectives are that:

• children have the right to know and be cared for by both parents,
• children have a right to spend time on a regular basis with both parents,
• parents jointly share duties and responsibilities for their children and
• parents should agree about the future parenting of their children and
• children have a right to enjoy their culture.

The lawyers at Mathews Family Law & Mediation Specialists Melbourne have significant experience and expertise with regard to issues that affect children. Our primary goal is to minimise risk to children and ensure proper arrangements are made for their ongoing financial, physical and emotional support. Care and compassion combined with determination and expertise are required to obtain the best results.

Mathews Family Law is an Australian law firm. Please contact us on 1300 635 529 to speak with a family lawyer from our law firm today. You can also send through your enquiry online now and we will contact you shortly.

Overseas property is an asset and must be declared along with all other property of the marriage or de facto relationship. Failure to disclose property can result in an unfavourable result to the non-disclosing party.

Full and frank disclosure must be demonstrated when identifying and declaring assets. Failure to fully disclose may later provide the Court with the option of favouring the other party due to dishonesty or lack of credibility on the part of the non-disclosing party.

Parties are often able to come to an agreement about a property settlement without Court involvement. If you and your partner reach an agreement you can apply to the Court for Consent Orders which is a relatively simple and inexpensive process.

Ensuring the Consent Orders are valid and binding

Full and frank disclosure must be demonstrated when identifying and declaring assets. Otherwise, your Consent Orders may be subject to a review and the Court has the option of favoring the other party due to dishonesty on the part of the non-disclosing party.

Legal representation is essential to ensuring full and proper consideration is given to all matters. When Consent Orders are sought, there should be enough information before the court to enable the court to make its own enquiry as to the justice and equity of the Consent Orders.

The lawyers at Mathews Family Law & Mediation Specialists Melbourne have extensive experience negotiating family law property settlements. We will carefully consider all aspects of your case and advise you on your specific situation. We will then negotiate in an attempt to reach an amicable outcome. We are committed to ensuring a fair settlement is achieved as quickly as possible, we aim to reduce the time taken and therefore the cost to you.

Mathews Family Law is a leading family law firm in Melbourne. Please contact us on 1300 635 529 to speak with a family lawyer from our law firm today. You can also send through your enquiry online now and we will contact you shortly.

Family violence or domestic violence often accompanies relationship breakdown. Domestic abuse can take many forms and can have disastrous effects on the lives of adults and children.

Where violence has such a profound impact on the victim that they were unable to contribute financially to the family or contribute non-financially to the welfare of the family, then violence may become a factor in a property settlement.

Alternatively, violence or other conduct may have resulted in long term effects to the party’s health and therefore could be a factor to consider under the additional factors of s 75(2).

There is no automatic right to receive or a duty to pay spousal maintenance. In certain circumstances, separating couples can have an obligation to provide ongoing maintenance for their former partner. The Family Law Act provides that one party is liable to maintain the other party to the extent that party can reasonably do so and only in circumstances where the other party is unable to support him/herself adequately. Spousal maintenance is different to child support.

The decision to order spousal maintenance and how much you or your former partner should receive is based on a range of factors. The court is required under the Family Law Act to take the following factors (amongst others) into account:

• the ability of the other spouse to pay,
• the standard of living of the spouses,
• the income capacity of the spouse claiming maintenance and whether this has been negatively impacted by the marriage,
• any child support that is being paid and
• the health of the spouses.

Even if one party cannot adequately support him/herself the other party is only liable to support that party so far as they are reasonably able to do so.

The courts also have an obligation requiring them to ensure that any Orders made finalize as far as practical the financial relationship between the parties. This means that where a spousal maintenance order applies, the tendency is for the order to only apply over a short period of time. Certain events will also bring an obligation to pay spousal maintenance to an end. For more information, see here.

Where the property settlement is not yet finalized, an interim spousal maintenance order be made in response to an urgent application.

De facto partners (and same sex partners) can now be compelled to pay maintenance to the other partner after separation under the same provisions that apply to separated married couples.

Urgent applications and Interim Orders for spousal maintenance

Spousal maintenance is usually considered as part of an overall settlement of financial matters, although, the Court does have the power to make Urgent and Interim Orders for spousal maintenance until a final trial is reached.

How long do spousal maintenance Orders apply?

A spousal maintenance order will automatically end if the party receiving maintenance dies or marries. In the case of the receiving party entering into a de facto relationship, the paying party can apply to have the order set aside.

The lawyers at Mathews Family Law & Mediation Specialists Melbourne have extensive experience negotiating property settlements generally. Specifically, we can advise on whether spousal maintenance is likely to be a relevant consideration for your situation. We can also advise on the merits of negotiating for or applying to the court for spousal maintenance.

Mathews Family Law is an Australian law firm. Please contact us on 1300 635 529 to speak with a family lawyer from our law firm today. You can also send through your enquiry online now and we will contact you shortly.

A financial statement must be completed when filing an application or responding to an application prior to a property settlement. This form provides for full disclosure of property, liabilities, financial resources, superannuation, employment details and other financial details.

The financial statement takes the form of an affidavit, which is a sworn document of the court. When providing information in an affidavit, you are swearing to the court that it is true. When identifying assets full and frank disclosure should be demonstrated. For these reasons, it is important to complete the form truthfully and accurately. 

You also must update the statement if there are any changes in income. In situations where the matter proceeds to court, the form should be as accurate and as up to date as possible before the final hearing.

It is sensible to seek the assistance of a lawyer in completing and updating this form. A lawyer can ensure the form is completed correctly and help to avoid any problems that might arise due to errors in completing the form.