Child Maintenance and Support

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The Commonwealth Government established the Child Support Agency for the purpose of assessing the liability of parents to provide financial support for their children, and a mechanism to collect and distribute payment of financial support. This is dealt with by the Child Support (Assessment) Act and the Child Support (Registration and Collection) Act.

The Child Support Agency has its own processes and powers. However, there are some circumstances where some couples can go beyond the Child Support Agency and seek a determination of financial support for children via the Courts.

Some couples prefer to make their own arrangements for child support for various reasons, and choose the option of entering into a Child Support Agreement.

In some other limited cases, parties only have the option of securing financial support for children by applying for Child Maintenance Orders under the Family Law Act. This is a process that requires Court action.

Unfortunately, the law has left a vacuum for children of same sex relationships in establishing a mechanism to secure financial support for them.

For an issue which involves such a fundamental need, child support and child maintenance is a complex specialist area.

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