We look at the difference between child support and adult child maintenance and how they are calculated. In a nutshell, child support is paid by one parent to another for children under 18 years old, while adult child maintenance is paid for children over 18.
In October 2023, the Australian Parliament passed major changes to how parenting matters are dealt with in family law. These changes come into effect from May 2024. Importantly, they are NOT retrospective. Learn more about how these changes may impact parenting matters.
Following separation, many parents are able to come to an agreement about arrangements for the care of their children. However, often there can be disputes and, in some circumstances, and under certain conditions, an arrangement for supervised time with the children may be an option.
Before taking your parenting or property issue to court, you must fulfil certain family law requirements known as the “pre-action procedures”. The court requires parties to make a “genuine effort” in resolving a dispute before going to court.
Where parents cannot agree to parenting arrangements outside of Court, they can make an application to the Court to make a decision. The Court is only able to make orders that are in the “best interests of the children”.
If someone intentionally fails to comply with Family Court Parenting Orders or Financial Orders, or makes no reasonable attempt to comply, the other party may make an application seeking to deal with the non-compliance. This is called a contravention application.
The misuse of drugs and/or alcohol and the existence of family violence can have a significant impact on parenting proceedings. It’s crucial that your case is being managed properly and any risk to the children is appropriately addressed.