Child Support Resources | Farrar Gesini Dunn

Children and Divorce

In 2006 there were major changes to the laws concerning child custody in Australia. The aim of the reforms was to bring about generational change in family law and the cultural shift in the management of parental separation away from litigation and towards co-operative parenting. The Government set up 65 Family Relationship Centres around Australia to help people reach co-operative parenting solutions without ever needing to go to court. Family Lawyers, observed was that there was a significant level of misunderstanding in the community about the changes in the law brought about by the 2006 reforms. Many people thought that the law now required that children spend equal time with each parent after separation, or at least adopted that position as the starting point. It does not. The widespread nature of that misunderstanding has had a number of effects. It has led to agreements being reached between parties where one…

International child support and maintenance matters

Australia has agreements in relation to the enforcement and collection of child support and maintenance with a number of overseas countries. This means that in certain cases child support and maintenance obligations which are created in overseas jurisdictions can be enforced (and will be collected by) the Child Support Agency in Australia. It also means that in some circumstances child support/maintenance liabilities which are created in Australia are enforced/collected in overseas countries. In order for an overseas maintenance liability to be enforced by the Child Support Agency in Australia, in most cases the liability needs to be registered with the Child Support Agency and an application needs to be made to the Agency to enforce the liability. If a parent has a connection with Australia and they seek to have an overseas maintenance liability changed, then in some circumstances they may be able to apply to the Family Courts in…