Women signing an undertaking

What is an Undertaking
in Family Law?

When parties separate sometimes a person is requested to give an undertaking that they will or will not do something.  Sometimes undertakings are requested before court proceedings are commenced and sometimes they are requested or provided to the Federal Circuit Co…
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a lady and a man looking after an asian baby

Child Support for
Non-Parent Carers

I provide care for a child but I am not the parent – can I get child support? The short answer:  It depends who you are and what your relationship is to the child you are caring for. In order to be considered a non-parent carer a person must be:- a legal guardian of the chi…
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child looking sad with parents fighting in the background

Can the Court change my
Child Support Assessment?

Yes, the Court can change your child support assessment, but only in certain circumstances. In most cases any amendments to your child support assessment will be considered by the Child Support Agency internally.  However, the Court may make orders in certain circum…
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Child and parenting sitting on a jetty

Parenting Orders Breached?

Where one parent is not following or has breached the parenting orders made by the Court, the other parent can file a contravention application. What constitutes a breach of parenting orders? Under the Family Law Act 1975, unless an order has been varied by consent, a pe…
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Can I change my
Child Support Assessment

Yes – but you need to establish grounds In short, yes you can.  You can:- apply to change your child support assessment if you pay child support; or apply to change your child support assessment if you receive child support. However, the Child Support Agency will o…
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child playing with blocks

Child Support
– can I get it back?

In limited circumstances, if it arises that a person (the ‘paying parent’) has been paying child support and it becomes evident that there was no basis for this payment because they were not the parent of that child, then they may be able to apply to the Court…
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Images of a Will and glasses

De facto Relationships
and Wills

Will separating from my de facto partner impact my Will? Amendments to the Succession Act 1981 on 5 June 2017 mean that the end of a de facto relationship will be treated the same as a divorce when it comes to the effect it will have on a person’s Will. When a couple in a d…
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domestic violence

Domestic Violence

Domestic Violence is not just physical violence. Respondents to an Application for Protection Order sometimes say “but I never physically hurt them“.  Domestic violence is more than just physical violence and includes a variety of behaviours which ar…
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18th birthday balloons

Child Support after 18

Will I still have to pay child support after my child turns 18? In certain circumstances, yes you may. Application to extend child support assessment A parent receiving child support for a child who is turning 18; and completing full time secondary education; can make a…
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spousal maintenance - Gold money coins pile on wooden table

Spousal Maintenance

What is Spousal Maintenance? ‘Spousal maintenance’ is financial support provided by one party to the other after a relationship has ended (whether married or de facto).  Spousal maintenance is one of the orders a party is able to apply for under the Famil…
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