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Child Support Lawyers– What are Your Options?

There are three different avenues for arranging your child support. They include:

  1. Child Support Assessment
  2. Child Support Agreement
  3. Self Management

Child Support Assessment

One option is to have your child support assessed by the Child Support Registrar, Department of Human Services. The amount payable is calculated according to a formula taking into account the number of children, the income of both parents and time spent with each parent. The amount payable can be changed should your circumstances change.

If you are the receiving parent you can elect to receive payment by either Private Collect or Child Support Collect. The Child Support Registrar can assist with the enforcement of payments. [...]  READ MORE →

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Time Limits For Family Property Settlements

Certain time limits apply for bringing a property dispute to the Family Court. The deadline for bringing a property application by your divorce lawyer is either:

  1. If you were married, 12 months after a divorce order has taken effect,
  2. If you were not married, 2 years after your separation as a de facto couple.

Accordingly, it can be a good idea to keep a record of the date of your divorce or separation and set a reminder a few weeks before the deadline.

If you want to make an application for property after the deadline has passed, your divorce lawyer may be able to seek permission from the Court for an extension of time. The Court will not be able to grant you permission, unless it is satisfied that hardship would be caused to you or a child if the Court did not step in. Your divorce lawyer will also have to demonstrate a reason for the delay in bringing proceedings after the deadline. The Court will also consider the length of your delay in making you claim. [...]  READ MORE →

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False Allegations of Child Sexual Abuse – What Can Go Wrong in Child Custody

In the matter of Massey & Wilenski [2019] FamCA 657 the parents had one child to the relationship whereby the mother was the primary caregiver. After separation, the child made disclosures to the mother’s then partner Mr C of inappropriate touching perpetrated by the father. Mr C recorded three disclosures of the child all within an hour and a half. The mother reported the disclosures to the police the next day. As a result of these disclosures, the mother made the decision to stop all time between the father and child and made an application in the Family Court for child custody that the father should spend no time with the child. The mother ceased child custody with the father for a period of about 11 months. [...]  READ MORE →

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The Basics of a Divorce

By Andrew Banna, a Principal of Matthews Folbigg, in our Family Law Group

Our Family Law Group consists of 7 family law lawyers. We have 4 Accredited Specialists in the area.

We have been recognised as one of the leaders in the Family Law market through Doyles rankings.

We specialise in all aspects of family law such as divorce.

A lot of clients come to our family law lawyers for assistance with a divorce.  Despite the common misconception, a divorce actually does not involve sorting out your parenting or property matters. A divorce simply means dissolving your marriage because you want to remarry or you just would like to formalise what is happening in your life. [...]  READ MORE →

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Divorce Lawyer in Focus: Andrew Banna

banna-website-bw2-340x374By Andrew Banna, a Principal of Matthews Folbigg, in our Family Law Group

Since his admission as a Solicitor in 2006, Andrew has practised exclusively in Family Law having represented married and de facto clients in property matters, parenting matters, spousal maintenance matters and child support matters.

Andrew enjoys appearing at the Family Court of Australia and the Federal Circuit Court of Australia, where he appears on a regular basis. He also appears at the Local Court to assist his clients with Police matters that arise following breakdown of their relationship. [...]  READ MORE →

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Not a Parent of the Child? What you need to do to Challenge Your Child Support Assessment

When making an application for child support with the Department of Human Services (DHS), your Child Support Lawyers need to satisfy the Registrar that the person being assessed to pay the costs of the child is a parent of the child. This is often called “proof of parentage”. While parents may be biological parents, the term parent also includes adoptive parents, where the child has been born as a result of artificial conception procedures, or if the child was born as a result of a surrogacy. [...]  READ MORE →

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Superannuation in family law matters

What are the different funds?

The type of funds vary.

The main types of superannuation funds include:

  1. Accumulation funds;
  2. Self-managed funds;
  3. Defined benefit funds.

Accumulation funds are the most common funds we deal with in property settlements. Essentially, it involves your employer making contributions to your superannuation in addition to you salary. The superannuation benefit ‘accumulates’ over the years and as your salary increases.

Self-managed funds are usually more complex than an accumulation fund. Self-managed funds in family law matters usually involve a structure whereby the parties, either individually or through a corporate entity, are the Trustees of the fund. In other words, the fund is controlled by the spouse parties. Self-managed funds usually encompass bank accounts, shares and investment properties of the parties. It is important that we are able to work closely with your accountant when looking at the intricacies of your self-managed fund. [...]  READ MORE →

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Child Custody Laws and Independent Children’s Lawyers

An independent children’s lawyer, also known as an ICL, is a Court-appointed lawyer who acts independently to represent the child’s interests in family law proceedings regarding child custody laws. The child, an organization concerned with the welfare of the child or any other person may apply for an ICL to be appointed. The Court may then make an order to appoint an ICL who will attempt to find out what the views of the child are.

The Full Court in Re K [1994] FamCA 21 provided some guidance on what the court might consider when appointing an ICL in matters involving child custody laws, including: [...]  READ MORE →

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Divorce Lawyer Advice for when you can’t locate your ex-partner to serve divorce papers

Service is the sending or giving of filed court documents to the opposing party. Proof of service of the divorce application is one of the procedural requirements asserted by the court that must be complied with in order for the court to grant the divorce.

What options exist if you cannot serve the divorce application on your former spouse?

Once you have made all reasonable attempts to serve the divorce application, you make seek the assistance of a divorce lawyer who can apply to the court for either substituted service or dispensation of service.

Substituted service allows you to serve the documents on a third party who the Court is satisfied will bring those documents the attention of your former spouse. [...]  READ MORE →

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Why a divorce lawyer considers arrangements for children when completing your divorce application

The Family Law Act provides that a divorce order will not be ordered unless the court is satisfied that, amongst other things, that proper arrangements in all the circumstances have been made in relation to the welfare of any children of the marriage who have not yet obtained the age of 18 years old.  Where the Court has concerns as to the arrangements for any children involved, it is able to adjourn the divorce proceedings until the Court is satisfied proper arrangements have been put in force. This concern of the Court may be met by obtaining a report from a family consultant appointed by the Court. It may be the case that where there are children under 18 years involved, the parties will have already commenced parenting proceedings with the Court. If so, the Court may find that is sufficient enough to determine that proper arrangements are in the process of being made or could make an “alternate declaration”. An alternate declaration means that although the Court has found the arrangements for the care of the children are not proper, in all the circumstances of the case there are grounds still to proceed with the divorce. However, this will not always necessarily be the case and as such you should seek advice from a divorce lawyer. [...]  READ MORE →

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Separation Lawyer on Gaining Sole Use and Occupancy of the Family Holiday Home

The power of the Court to make an order for sole use and occupancy derives from s 114 of the Family Law Act. A separation lawyer can assist you to put forward or defend this application that would allow a party to live in the property to the exclusion of the other party.

In the case of Belcher & Gardener [2019] FamCA 205 (5 April 2019) the husband brought an application for sole use and occupancy for the holiday home (“the holiday house”) that was registered in the wife’s sole name.

The husband and wife were married for 24 years when they separated in July 2018. The parties had four children, two of whom remain living with the wife in the former matrimonial home. The husband vacated the former matrimonial home and was renting a one-bedroom apartment with his cousin. [...]  READ MORE →

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How a Divorce Lawyer can assist when you have been married for less than two years but seek a divorce

A divorce lawyer will be unable to lodge your application for divorce orders if you have been married for less than two years unless you satisfy the counselling requirement. Parties married for less than two years must provide a counselling certificate with their divorce application in order for it to be considered by the Court.

What is a counselling certificate?

A counselling certificate must be signed by an approved counsellor. This certificate sets out that the parties with the counsellor’s help have considered reconciliation without success. [...]  READ MORE →