We have moved this page. Please click on

 www.brisbanefamilylawyers.com.au

for answers to many questions


Q: How can I keep my costs down in Family Court proceedings?
A: In our experience there are a number of ways that a client can keep their costs down. The main thing is to remember that your matter will be time costed, so the less time your lawyer has to spend the cheaper it is for you. At Brisbane Family Lawyers, we offer a number of options for our clients that enable them to keep their costs down. For instance, where a client has access to the internet, we encourage them to complete the simpler Family Court and Federal Magistrate's Court forms themselves. This saves them money as all we have to do is print the form and file it. This means that they are only paying for our expertise where it is needed, such as drafting more complicated documents and letters and attending mediation or Court.
Q: I have never had to worry about Family Law issues before, so I have no idea where to go for a comprehensive look at the way the system works. I want to learn more before I go near the lawyers.
A: Good idea! I think the Family Court web site is the best place to start, It even has a page for children! Go to the Family Court Web site. The link is on our LInks page. www.familycourt.gov.au


Q: The Child Support Agency has me all confused. I would like to be able to learn more about the processes that I can use to make sure they assess my children's level of support properly according to my own situation?
A: There is a lot to be learned from the Child Support Agency website. There are downloadable forms to use if you need to. You can always telephone the child Support agency on the numbers on your Letters from them. and also on the web page. Don't forget to always quote your case number when you call or write to them. Here is the web site: www.csa.gov.au
Q: How do I change a child support assessment that I don't agree with?
A: You need to contact child support and complete a form that asks them to consider changing the assessment. There are 9 grounds on which you can rely. Send the form to CSA and they will send it to your partner for response. The case officer will then arrange an appointment to see you both or talk to you on the phone and will make a decision. IF you are not happy with the decision, you may appeal to the Child Support agency. If you are still not happy, then and only then can you apply to the Court. Check the form on the CSA website referred to on our links page.
Q: Changes to Child Support
A: The changes mentioned below of just a few of many changes that have occured. All the information that we are about to give you can be found on the Family Court website (www.familycourt.gov.au) and the Child Support Agency website (www.csa.gov.au). So its a great place to go if you require further information. During the past few years, there has been an overhaul of changes to the laws governing the area of Child Support.
Q: Why do we need these changes?
A: The Government had 3 motives for changing the Child Support area and they were to ensure it meets the best interest of children, better balances the interests of parents and to better reflect the 'real' costs of children.
Q: When do these changes happen?
A: They have already begun. The reforms are being introduced in 3 stages over a 2 year period. STAGE 1: Commenced 1st July 2006 STAGE 2: Commenced 1st January 2007 STAGE 3: Due to Commence 1st July 2008
Q: What changes occurred in Stage 1 - 1st July 2006?
A: One of the changes include giving the “non-resident parent” more of a say by increasing credits in Prescribed non agency payments, which basically means that any parent who makes a non-agency prescribed payment, for example school fees or medical costs, to get credit for up to 30% (which used to be 25%) of their regular child support, provided they have paid the remaining 70% of the child support liability first. Another highlight of the changes was to provide a higher rate of payment for non-resident parents who care for their child for one or more nights per week.
Q: What changes occurred in Stage 2 – 1st January 2007?
A: These changes are fairly recent as they came into play earlier this year. The changes included any parent, whether Resident or Non-Resident, who objects to a decision made by the Child Support Agency after 1st January 2007, can now appeal to the Social Securities Appeal Tribunal for an independent review of the decision. This in turn will provide parents an avenue of appeal if they're not happy with the outcome given by the Child Support Agency. Also, it now provides the Courts with wider powers to make short-term arrangements about child support issues while simultaneously considering the case. Another very important change is giving the parents 13 weeks instead of 28 days to settle their child support payments with their former partner before their Family Tax Benefit Payments are affected. This extra time can also be used to reconcile.
Q: What changes will occur in Stage 3 – 1st July 2008?
A: These last set of changes will be introduced next year and will include situations where parents with second jobs and overtime to be excluded from child support calculations for the first 3 years after separation. This change in particular is, in our view one of the most beneficial to non-resident parents who want to work hard and re-build their lives with less financial worries. Another change takes into consideration parents who have a financial responsibility for a step child, can apply to have the child treated as a dependant for the purposes of calculating their child support. And finally, another important change to note is the greater flexibility for parents to agree on paying child support in a lump-sum payment. For example, transferring ownership of real property instead of making regular cash payments.


Q: My spouse and I have just separated. Where can I get general information? I don't necessarily think it will end up in Court. I just want to know where I stand.
A: In our experience there are a number of ways that a client can keep their costs down. The main thing is to remember that your matter will be time costed, so the less time your lawyer has to spend the cheaper it is for you. At Brisbane Family Lawyers, we offer a number of options for our clients that enable them to keep their costs down. For instance, where a client has access to the internet, we encourage them to complete the simpler Family Court and Federal Magistrate's Court forms themselves. This saves them money as all we have to do is print the form and file it. This means that they are only paying for our expertise where it is needed, such as drafting more complicated documents and letters and attending mediation or Court. Another way is to keep calls short and to the point, and have questions that you want to know the answer to, written out when you visit or email your queries to us. Our philosophy is that we are partners with our clients in negotiating.


Q: My 19 year old says I should pay maintenance. How can this be?
A: ADULT CHILD MAINTENANCE The Child Support Agency handles the collection of maintenance for children up to the age of 18 years or until they finish Grade 12 whichever is the later. However, many people over the age of 18 continue onto University and continue to be supported by their parents during their tertiary education. The Family Court has power to order parents to contribute to the support of children over the age of 18 years if they are continuing in University Education. I often have enquiries from people about the responsibilities of parents in this regard. First off, it is a difficult question as to whether or not it is the child who has the right to claim maintenance or the parent with whom the child lives. Both parents should contribute to the child support but Family Court cases recently have developed strongly along the lines that a child should also develop some self sufficiency. The Court in a number of cases has made it clear that it is not reasonable


Q: What is a Binding Financial Agreement?
A: BINDING FINANCIAL AGREEMENTS Many of you will be aware that there has been new Legislation introduced to enable parties to enter into Binding Financial Agreements (previously known as “Pre-Nuptial Agreements”) that will continue to remain in force after the parties are married. Prior to the amendments that came around Christmas 2000, people were able to make Pre-Nuptial Agreements about their property, but if they married, the Court could deal with the property at it’s discretion anyway and not necessarily be bound by the Agreement. Under the new rules, people can make a Binding Financial Agreement either before marriage, during marriage, or after separation and these Agreements are then binding on the Family Court. Of course for Agreements to be binding there are certain rules that need to be followed and one is that each party needs to receive independent legal advice as well as the fact that the agreements need to be drafted in accordance with the Act. Call us for m


Q: How do others handle this?
A: CHRISTMAS HOLIDAY CONTACT Christmas Holidays are a time when many people have concerns about arranging contact with their children and the main resident parent. For the post part, I am happy to say, people are able to work out commonsense ways to share both the holidays and the actual Christmas period. Sometimes, however, people get into dispute over these issues. For people who have Court Orders, and who have already survived one Christmas holiday period, things will generally fall into place. For others, though, especially if it is the first Christmas since separation and there are no Court Orders, it seems difficult to know how to deal with everybody’s wishes. I am writing this column for people in that situation. The “biggy” is how to share Christmas Day. Some separated couples would rather avoid seeing each other on Christmas Day if at all possible. For them, an arrangement that sees the children with one of the parents on Christmas Eve and the other parent on


Q: I have a really grumpy Husband. Can we still have mediation ?
A: You would be amazed what mediation can do It is absolutely the way of the future. Of course if there is domestic violence where one of you is at risk of being bullied, or where there is an an imbalance of power. Otherwise, go with your feelings and get your lawyers to set up mediation asap.


Q: How is Superannuation treated in Property law?
A: Since the 28th of December 2002, the Family Law Legislation Amendment (Superannuation) Act 2001 produced a major change in Property Law. It now provides that Superannuation is to be treated as property under the Family Law Act. Yes, that now means that in it is included in the pool of assets, and therefore can be split.
Q: Why is Superannuation considered property?
A: The reason Superannuation was recognised as a significant matrimonial asset was because the monetary contribution to Super meant a loss of available money during the marriage and therefore it did involve an indirect contribution by the other spouse to the building up of the asset, even if it is an employer created asset. Also, the primary purpose of Super is the provision of financial security for both spouses.
Q: So what does this mean?
A: It means that separating couples are now allowed to value their superannuation. The new Superannuation Splitting laws does not convert it into a cash asset - it is still subject to the usual superannuation laws (for example, you still can not get a hold of it until retirement ages are reached).
Q: How can i split my superannuation?
A: There are 3 options for splitting superannuation. You can either: 1. Enter into a Formal Agreement, 2. Seek Consent Orders, or 3. Seek a Court Order (last resort).
Q: What steps do i need to take to split my superannuation?
A: There are 2 main steps you need to go through. Firstly, you need to get information to value the superannuation and this can be done by submitting 2 forms - (1) Form 6 Declaration and (2) Superannuation Information Request Form. The second step involves deciding on the method to split the superannuation (either 1 of the 3 methods dealt with in the previous question). We do encourage that you enter into a formal agreement with your partner to avoid litigation. Once again, its a lot cheaper and less stress involved. If you reach an agreement with your former partner, then a Form 11 Application for Consent Orders can be filed in the Family Court accompanied by the Consent Order recording the agreement. Best of all, you do not have to attend Court.