Guidelines Part 3 - Matter Type Guidelines Cwth Family Law Matter Type Guidelines Guideline 5 Child Maintenance and Child Support| Child Maintenance and Child Support |
Guideline : Cwth
Number: 5 Effective Date: 15/7/10 Law: Cwth Family |
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| 5.1 | Assistance for child maintenance - stage 1 matters | ||||
| (1) | For the purposes of this guideline 5.1, a child maintenance matter is a stage 1 matter if: | ||||
| (a) | it relates to a child born before 1 October 1989 | ||||
| (b) | the parents of the child: | ||||
| (i) | have never lived together, or | ||||
| (ii) | separated before 1 October 1989, and did not resume living together, and | ||||
| (c) | the child does not have a full blood sibling born on or after that date. | ||||
| (2) | The Commission may make a Grant of Legal Assistance for a child maintenance application to the Court under the Family Law Act 1975 to vary an order in a stage 1 matter. | ||||
| 5.2 | Assistance for child support - stage 2 matters | ||||
| (1) | For the purposes of this guideline 5.2, a child support matter is a stage 2 matter if it relates to: | ||||
| (a) | a child born on or after 1 October 1989 | ||||
| (b) | a child born before 1 October 1989 whose parents separated after that date, or | ||||
| (c) | a child who has a full blood sibling born on or after 1 October 1989. | ||||
| (2) | The Commission may make a Grant of Legal Assistance in relation to a Stage 2 matter for an application to a Court: | ||||
| (a) | For leave under Division 3 of Part 7 of the Child Support (Assessment) Act 1989; or | ||||
| (b) | For an order under Division 4 of Part 7 of the Child Support (Assessment) Act 1989. | ||||
| (3) | The Grant of Legal Assistance under guideline 5.2(2) should usually be limited to proceedings in State or Territory magistrates or local courts or the Federal Magistrates Court, unless such proceedings are unavailable. | ||||
| 5.3 | Social Security Appeals Tribunal (SSAT) Review of child maintenance and child support decisions | ||||
| The Commission may make a Grant of Legal Assistance for: | |||||
| (a) | An application under the child support legislation to the SSAT for review of a child support decision or child maintenance decision; or | ||||
| (b) | An application under the child support legislation to the AAT for review of a decision of the SSAT; or | ||||
| (c) | An appeal under the child support legislation to a Court on a question of law from a decision of the SSA, | ||||
| if the Commission considers that circumstances exist that affect the person's ability to adequately represent himself or herself. | |||||
| 5.4 | Assistance for applicant children | ||||
| The Commission may make a Grant of Legal Assistance to a child, including an adult child, seeking a child maintenance order, if the Commission is satisfied that the child is the most appropriate person to seek the order. | |||||