Maintenance

Child Support

Following separation parties will need to consider the ongoing support of their children.

In the majority of cases, one of the parties (usually the residence parent) will make an application directly to the Child Support Agency for an assessment of the appropriate level of child support.

People can also choose to reach their own agreement on the matter of child support provided that certain criteria are met. This gives the parties more flexibility and certainty with amounts and frequency of payment.

Agreements should be registered with the Child Support Agency.

Where an agreement is made with respect to Child Support, it can usually only be varied by reaching a new agreement, or by application to court for a variation of its terms.

Kelly & McHale Family Lawyers can assist in advising parties as to their child support obligations and, where necessary, seeking departure orders or preparing child support agreements.

Legal Separations

Divorce

An application for divorce can be made by either party to a marriage or by both parties jointly, after the parties have been separated for a period of at least 12 months immediately preceding the filing of the application. Read More...

Legal Separations

De Facto/Same sex relationships

Upon the breakdown of a de facto or same sex relationship either party can seek to negotiate, mediate or litigate any property issues arising from the breakdown of their relationship. Read More...

Children

Mediation

Family Dispute Resolution (FDR) or mediation is now required in all parenting matters before Court proceedings can be initiated. This means you must have at least tried or been invited to participate in mediation. Read More...

Children

Enforcement of Orders

Unfortunately, even where agreements have been reached or Family Court orders made, it can be necessary to take steps to enforce an agreement where one party does not comply with the terms of the agreement or the terms of an order. Read More...