Child support and the legal profession
Most parents who separate will come to CSA for information about the amount,
form and collection of child support. However, the legal profession plays an
important role in the administration of the child support scheme.
You may be asked for advice in matters such as...
Change of assessments and departure orders
If parents are not happy with a child support assessment made by CSA, they can
ask CSA to change that assessment. To be successful they must be able to show
that the assessment should be changed for at least one of the ten reasons to
change an assessment. If parents are not happy with a change of assessment
decision they can apply to court for a departure order. This could require the
parents engaging lawyers to represent them. However, parents usually need to
obtain an administrative review from CSA before going to court. A review can be
sought by objecting to the decision in writing.
Child support agreements
Parents may decide to make an agreement about the amount and form of child
support to be paid as an alternative to a formula based assessment. They may
wish to involve a lawyer in drafting a child support agreement.
Parentage
Sometimes CSA is unable to accept an application for child support as the
applicant is unable to prove that the person they named is the child's parent
and they are also unable to establish a presumption of parentage. The applicant
will sometimes need to apply to a court to obtain a declaration of eligibility
and may need to be represented by a lawyer in those proceedings. A declaration
obtained will often be made on the basis of parentage testing.
A man who is required to pay child support may apply to a court for a
declaration that he should not have a child support assessment as he is not the
child's father. He may need to be represented by a lawyer in those proceedings.
Again, a declaration obtained will often be made on the basis of parentage
testing.
Appeals against decisions
Parents may be able to object against a case decision made by CSA. If they are
unhappy with the result of the objection, they may appeal to the court. They
may require a lawyer to represent them in these proceedings.
Dealing with Separation: experiences,
tips and tools
Real stories from real people are part of a new multimedia CD that is now
available to separated parents and Community Service Providers. The CSA
developed this innovative product to assist separated parents with navigating
the complexities and issues of separation.
It contains interactive activities, audio and visual material, and a toolbox
that allows users to collect and print information. Parents can use the CD at
their pace and access the information they need - when they need it. The CD was
tested by separated parents and service providers in the community. They said
it was easy to use, relevant, practical with good advice, and a great learning
tool.
Order the new interactive CD-ROM - Dealing with Separation
The
Community Services Directory lists
details of organisations such as community legal centres, mediation,
counselling, and financial support services available to parents around
Australia.