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Co-parenting over School Holidays

Take time to Plan ahead:

Co-parenting during School holiday arrangements for the children can be hard .
School Holidays can be hard even in a non separated household.
Both parents may need to work and both parents may want to have time off with the children.
It is just as hard for the children, sometimes.
It’s a mistake to talk about “the children” as though they were a single unit rather than kids of different ages and personalities.
So to co-parent through the holidays, we have to find a way to satisfy the individual needs of the people involved.
It’s best if the discussions about holidays takes place in plenty of time before the holidays so that the holiday time arrangements can be worked out to everyone’s satisfaction.

Various Options for Holiday Time Co-parenting:

Parents can use a combination of vacation care, accrued annual leave and grandparents to get through the holiday break.
In Janet Baxter’s study of the Australian Institute of Family Studies, she noted that some kids have been staying home by themselves while their parents worked.
The statistics show that more and more families are using School holiday programs or ” vacation care”.
Whatever plan you make for your family, it is always best to do it with civility and avoid involving the children in any conflict.

Its extra stress for everyone if the arrangements are vague or uncertain. Once everyone knows what co-parenting arrangements are going to be in place, then the children and the parents can relax and enjoy their holidays.

What to do if you can’t agree:

If you and your ex partner can’t agree well in advance of the holidays, think about going to mediation. There you should to try to resolve the issues with the help of a mediator or counsellor who is registered as a Family Dispute Resolution Provider (FDRP). If you want to find an FDRP, then click HERE .

If that fails, then you can ask for a S 60(1) certificate from the Family Dispute Resolution Provider. You may have to go to Court to get arrangements for school holidays. You will need to file a section 60(i) certificate with your application. Sometimes, if you see a Family Lawyer then the lawyer may first write a letter to the other parent to see if there is a possibility of agreement. We almost always try to resolve matters this way. If there is urgency or the other parent has absolutely refused to engage in sensible co-parenting discussions, you may need to go to Court.

The Journey Brisbane Family Lawyers difference :

1. We offer fixed fees for a letter to your ex partner. We also can do fixed fees for bringing an application up to the end of its first day in Court.
2. Our clients have been able to get affordable representation by using our unique step in-step out process. The clients then manage the case on their own in between Court events, only calling on their lawyer for help when they need it.
3. We also travel to Rockhampton for the Federal Circuit Court and Family Court and do not charge for travel and accommodation in Rockhampton.

Just call and ask for a fixed fee quote, or email us or call for an appointment on (07) 38325999 ( for North Lakes, Strathpine and Brisbane City Offices.

We acknowledge using some information from the 2013 paper by Janet Baxter of the Australian Institute of Family Studies. You can read it HERE .

Top 10 Tips for Successful Co-Parenting

The term “co-parenting” is used to describe a situation where two parents work together to raise a child following separation, divorce or changed living conditions. Both parents maintain some type of shared responsibility, equal or otherwise, as a protection of the child’s right to continue to receive care and love from both parents.

Lynette Galvin, our Accredited Family Law Specialist and Family Lawyer, has seen lots of co-parenting successes. But she’s also seen co-parenting fails, including her own. Lynette understands the world of co-parenting because she lives it everyday as a stepmother. Therefore there’s no one more qualified to assist you in your co-parenting journey. Here are Lynette’s top 10 tips for successful co-parenting.

1. Do not relay messages through your children

Try to communicate directly with your ex-partner and avoid asking your children to relay messages on your behalf. Co-parenting is about working together, and if you show your kids you cannot talk directly with your ex-partner, you’re sending the wrong message. Furthermore, asking a child to relay a message could be somewhat distressing to the other parent. Messages such as “Mum says you should be putting us to bed earlier”, put a lot of pressure on them. Protect your child’s comfort and deliver the message yourself. If you primarily communicate through text or email, remember that tone and intention can often be misconstrued.

2. Keep conversation to the point and business-like

While it’s important that you speak directly and often to your ex-partner, it’s also important to keep things brief and matter-of-fact. This is especially so if your conversations tend to lead to an argument.

Stick to the facts and what directly impacts them or the kids. Avoid rolling your eyes, a disbelieving shake of the head, tutting, or any other gesture that can be just as hurtful as name calling. If you do slip up, apologise immediately. You’re in the business of taking care of your children, so try to speak or write to your ex-partner as if they are your business partner. That means being cordial and respectful.

3. Only speak positively

When you make a conscious decision to speak only in positive terms about your ex-partner (at least in front of the kids – we know some venting is needed), you allow your kids to grow up with feelings of respect and admiration. These feelings are crucial for their wellbeing and comfort.

The only person you have control over is yourself. Even if your ex-partner doesn’t show the same courtesy by speaking positively of you, try to take the high road. Learning to ignore a badmouthing ex-partner will result in a big family payoff.

If your ex-partner has something bad to say, be careful with your response. Explain to your kids that sometimes people say things they don’t necessarily mean when they’re upset, and then advise them that you’ll talk it over in private. Whatever you do, don’t lash back with name calling. Model the best way to respond to difficult situations with maturity and integrity and your children will respect you for it.

4. Be considerate

Even though you are no longer together, you are allowed to care for your ex-partner. That said, you need to give your ex-partner time to understand and process the breakup. You might be feeling okay about things but how people deal with a break up of relationship varies enormously. Your ex-partner might be hurting and you should consider this and allow them time to get over you. Be polite and respectful and if they don’t want to talk at first, don’t push. Explain that you are open to communications any time they are ready and sincerely ensure that if there is any time they would like to talk that you’ll be there.

Being considerate also includes letting your ex-partner know about school functions, being flexible with schedules and asking them for their opinion. Recognise that working together means putting your kids first and that it requires sacrifice. Not easy for either of you, but necessary.

5. Back off when it’s not your time

It’s fine to want to know what your kids are up to when they are with your ex-partner and it’s also okay to try and coordinate schedules. Nevertheless, you must try to avoid intruding on your ex-partner’s time with the kids. Avoid scheduling children’s activities on the other parent’s time without clearing it with them first and don’t call or text too often. Pick your battles and don’t pull up on every small component of parenting you would have done differently. If your ex-partner took the kids to McDonalds or sent your son to a birthday party in a dirty T-shirt, is it really the end of the world?

6. Refrain from exposing your fears

Talking to your kids about emotions and helping them to understand what effect they can have on others is important for building a healthy emotional vocabulary. Crying is a natural and normal thing to do, but it has its time and place. Following a relationship breakdown, kids are feeling scared. Seeing you cry teaches them that you care and that the breakup matters, but if you are crying everyday it can be quite frightening for your kids. Children need to know that everything is going to be alright, even when you’re not sure it is. Teach them that being upset is okay, but when you feel the waterworks coming on repeatedly, slip into the shower to hide some of your pain.

7. Think about the future

There are bound to be times when it all seems too hard. You will want to scream and shout and declare that you are “done”. But think about the future. Imagine your child’s graduation, their wedding, or the day they give birth to their first child. If you show unreasonable behaviour now, will it prevent you from standing beside each other on these special occasions? If you’d like nothing more than to make your child happy on these momentous days, take a deep breath and keep calm.

8. Leave decision-making to the parents

Whether you’ve entered a new relationship or your mother is on your case about needing “more time”, “less time”, “more money” or a “cleaner home”, keep parenting decisions between you and your ex-partner. Other people are entitled to show some angst, but their angst shouldn’t impact how you choose to co-parent. You and your ex-partner are the only parents involved. If someone else doesn’t respect that, show them how strongly you feel about the matter.

9. Never air your grievances on Facebook

Unlike a private conversation, aired grievances on the internet remain there forever. Something you write in haste or after a few wines might seem harmless at the time, but it can haunt you for years to come. Keep the relationship between you, your ex-partner and a few close confidants. If you need to vent, see a professional. No good will come from a vent on Facebook. We promise you that.

10. Make the most of your free time

When the kids are going to your ex-partner, make a plan! Sitting around and moping will only highlight the negative aspects of the situation, leading to hurt feelings. Plan to catch up with friends, go watch a movie, do the housework or go to the gym – any activity that will keep you busy and gives you some all important “me” time.

Think forward with Journey Family Lawyers

Lynne’s biggest piece of advice? Foster positive transitions for yourself, your ex-partner and your kids by engaging with Journey Family Lawyers Brisbane. You’ll receive specialist care so that you can work together harmoniously while keeping costs down.

Understanding the Divorce Process, with Clickable links to help

Are you thinking of getting a divorce and want to know what the process is like? If you live in Brisbane or North Brisbane there are five key steps in the divorce process you should know about, and it’s important that you understand what each one entails before you get a divorce. This includes filing for divorce, property settlement, and managing co-parenting after separation. You should also seek legal help when you get a divorce, especially if you’ve got children and joint property.

Divorce and separation

The Federal Circuit Court of Australia has the jurisdiction to deal with divorces under the Family Law Act 1975. When granting a divorce, the Court doesn’t consider the reasons for the divorce but simply recognises that the marriage has ended due to a breakdown and the parties will not get back together.

If you have children under 18 years of age, the Court will only grant a divorce if you’ve made proper arrangements for them.

Who can apply for a divorce?

In Australia, you can apply for a divorce if you and/or your spouse meet one of the following criteria:

You consider Australia your home country and will live in it permanently or
You’re an Australian citizen or
You normally live in Australia and have done so one year before filing for divorce.

If you married overseas and want to get a divorce in Australia, either you or your spouse must also meet the above criteria. You also need to give the Court a copy of your marriage certificate. If it isn’t in English, you should file an English translation of it, as well as an affidavit from the translator.

When applying for a divorce, you’ll need to prove to the Court that you’ve lived separately and apart from your spouse for at least one year and that you won’t resume married life. You can, however, be separated and still live in the same house – this is also known as being separated under one roof.

‘Separation under the one roof’… What does it mean?

You and your spouse can be separated but continue to live in the same house one year before applying for divorce. You’ll have to prove to the Court that you were separated during this time. You can find more information about this in the publication ‘Separated but living under one roof’.

How to apply for divorce

Simply register for the Commonwealth Courts Portal if you haven’t already done so, then complete the Application for Divorce online and pay the filing fee.

How much will a divorce cost?

The filing fee for a divorce application is $865. If you’re experiencing financial hardship or hold certain government concession cards, you may be eligible for a fee reduction. If so, you only have to pay $290.

What to do if you’ve been married less than two years

You should file a counselling certificate. You’ll have to attend counselling to get the certificate. Contact the Family Relationship Advice Line on 1800 050 321 to arrange counselling, or Relationships Australia on 1300 364 277. If you can’t attend counselling with your spouse, you should file an affidavit. You and your spouse should also have been separated for at least one year before applying for a divorce.

What if you have children and joint property?

The granting of a divorce doesn’t determine issues of property distribution or arrangements for children. For more information, please refer to ‘Property and Asset Settlement’, ‘Child Custody’, and ‘Co-parenting/Managing Separation with Children’ below.

Where to find more information on divorce and separation

Federal Circuit Court of Australia – Separation and divorce
Australian Securities & Investments Commission – Divorce and separation
Department of Human Services – Child support and Parent’s guide to child support.

Changing your name and address after getting divorced

Reverting to your maiden name or former name

If you took your spouse’s surname when you got married, you can revert to your maiden name or former following a divorce or separation.

If you were married in Australia, you should contact every organisation you have a personal account with to change your family name. You also have to provide proof of the name change, including the following:

Australian birth certificate
Australian marriage certificate
Updated photo ID
Identity documents

If you were born and/or married overseas and legally changed your family name to your spouse’s with the Registry of Births, Deaths and Marriages, you’ll have to legally change your name again with them.

If you were married in Australia, you’re entitled to be known by your maiden name regardless of your marital status. You simply need to prove the link between your married and maiden names with your marriage and birth certificates.

Who you need to notify when changing your name and address

Here are some organisations, governments, banks, and councils you’ll need to notify when you change your name and address after a divorce: They are all clickable links straight to the people you need to notify. We hope this helps you in these chaotic times.

Australian Taxation Office
Medicare
Australian Electoral Commission (Electoral roll)
Queensland Government (Motor vehicle licence)
Queensland Government (Motor vehicle registration)
Australian Government (Family and community services)
Australian Government (Change of address checklist)
Westpac
NAB (Change of contact details form)
NAB (Credit card account changes)
Commonwealth Bank
ANZ
Brisbane City Council (Change of details)
Brisbane City Council (Change your address online form)
Moreton Bay Regional Council (Change of name)
Moreton Bay Regional Council (Update your address)
Go via QLD tolls (Change of details form)
Go via QLD tolls (Update your address).

You can easily and quickly notify organisations of your new name using a personalised name change kit.

Property and asset settlement

When your marriage is over, the financial ties between you and your ex should be finalised. For example, if you have a joint property, you should decide what happens to the house. You can either sell it or stay in it and your ex moves out.

What’s included in the property pool?

When you make a claim for property settlement, the Court will look at the property at the date of proceedings and at the date of Trial if it makes it all the way through the Court process. This means property, assets, and debt acquired after separation by either party will be brought into the property pool.

The property pool can include:

Joint property
Investments (shares, real estate)
Interests in businesses and companies
Interests or entitlements in trusts
Interests in deceased estates
Superannuation and savings
Inheritance money or lottery win
Boats
Vehicles
Jewellery
Artwork
Personal injury and compensation payouts
Long service leave
Life tenancy
Pension entitlements

How to start the property settlement process

The property settlement process should start soon after you divorce or separate from your spouse. At Journey Family Lawyers, we usually start the process by advising you of your entitlements. Then with your instructions, we’ll draft a letter to send to your ex partner to try to reach an agreement without having to go to Court. If an agreement can’t be reached, we recommend mediation between you and your ex partner. If there’s little chance of mediation succeeding, however, Court proceedings will commence and mediation can follow.

Time constraints for property settlement

Your or your ex-partner must apply to the Court for property settlement within 12 months of your divorce or within two years of your separation. If you don’t commence property proceedings within these time limits, you could lose your rights.

How to formalise your property settlement

The best way to finalise your property settlement is through a consent order, which is an order that you and your ex have agreed to. If the Court finds the property settlement to be fair and reasonable, they’ll make the order.

If you can’t reach an agreement with your ex, you can apply to the Court for a financial order.

How is the value of the assets determined?

When negotiating a property settlement, the Court will determine the value of the assets of both parties.

Furniture –The value of furniture is determined by their current sale value or second-hand value, not their replacement value or insurance value.
Joint property –The value of the property is what someone’s prepared to pay for it. But if you won’t be selling it, the value of the home is determined by taking the average of all the valuations provided by reputable real estate agents in the area. This is enough for most negotiations, but if agreement cannot be reached on the value and it goes to trial, a proper valuation by a registered valuer will be needed.
Cars, Motorbikes :These can be valued initially from a Redbook Valuation or a formal valuation obtained from a registered valuer.
Boats; These can be either valued or comparative values can be obtained from Tradeboats online.
Caravans These can be estimated initially from a Caravan online sales site or a formal Valuation
Superannuation –The value of your superannuation is harder to determine as its current value is lower than it’ll be at your retirement age. A Journey Family Lawyer can use forms to obtain information from your superfund to determine your super’s value. The forms are included in the Superannuation Information Kit. Self-managed super funds are generally valued with the help of an accountant. Some special Superannuation funds like Military Super have their own valuation process.

How are assets and debts divided?

When deciding how to divide assets and debts, the Court looks at:

What you’ve got and what you owe (assets and debts and what they’re worth)
The parties’ direct financial contributions to the marriage (wage and salary earnings)
The parties’ indirect financial contributions (gifts and inheritances from families)
The non-financial contributions to the marriage (caring for children and homemaking)
The parties’ future needs (the Court will consider your age, health, financial resources, care of children, ability to earn, etc).
Any financial resource or entitlement that you have that is not actually ‘property’ that can be divided between you both.

How can you split superannuation?

While you can split superannuation entitlements between both parties, it doesn’t automatically convert the interests into cash. The entitlements are still subject to superannuation laws, eg. it’s normally retained until you reach retirement age.

You can split superannuation by:

Entering into a formal written agreement
Seeking a consent order
Obtaining a court order if you can’t reach an agreement with your ex partner.

If you’re seeking a court order, the Court will tell the trustee of the superfund about the order by providing them with 28 days written notice. The trustee can attend the court hearing and object to the order you’re seeking. This is called providing the trustee with ‘procedural fairness’. Once the order is made, you should give a sealed copy of the order to the trustee.

Child custody

Child abuse or family violence

If your spouse abuses your children, you can apply to the Court to grant you custody of your children and you can ask the Courts to have your spouse leave the home by court order. If you’ll be leaving the house and your children are going with you, you should also take items that your children may need if you have time and also your special things that are of sentimental value.

If you’ve experienced domestic violence, you can apply to the Court for a domestic violence protection order to protect you, your children, and other relatives or associates from your ex.

While it’s important that your children have both parents involved in their lives, you should also make sure they’re protected from physical and psychological harm. The Family Law Act specifically says so.

What is ‘equal shared parental responsibility’?

Whether you or your spouse have full custody of your children, the Court will usually presume it’s in the children’s best interests if both of you have equal shared parental responsibility. In the case of child abuse or family violence, this won’t apply.

Equal shared parental responsibility means both parents are responsible for making long-term decisions for their children after a divorce or separation. This means you and your spouse should make parenting arrangements for your children, and they must be practical and in your children’s best interests. These could cover:

Where your children live
Who your children spend time and communicate with
What time your children spend with the parent they don’t live with
Times for your children to contact each parent by phone when they’re with the other parent
Childcare or education
Medical issues
Religious or cultural practices
Financial support for your children
Changeover arrangements (Where and what time should changeover occur, who drives where)
Arrangements for special days (Christmas, Easter, Mother’s Day, Father’s Day, birthdays)
How you and your ex-spouse will communicate with each other.

Who can you include in parenting arrangements?

If it’s in your children’s best interests, you can include the following people in your parenting arrangements:

Grandparents
Extended family
Other people who are concerned with the welfare of children.

Most importantly, you and your spouse should both be included in the parenting arrangements, to the extent possible having regard to any child abuse or family violence.

Written parenting arrangements

There are three types of written parenting arrangements. If you and your spouse agree with the arrangements made for your children, you can record your agreement as a parenting plan or a consent order. If you disagree with the arrangements, you can apply to the Court for a parenting order. But you should try to reach an agreement through family dispute resolution before applying.

1. Parenting plan

A parenting plan sets out the care arrangements for your children. It must be signed and dated by both parents. There’s no need for it to be in a specific format or witnessed.

You can change the plan any time by making another written agreement. It must also be signed and dated by both parents.

2. Consent order

You can apply to the Court for a consent order to make your agreement legally binding. You can also apply for a consent order online. You’ll also have to complete an Annexure to draft consent parenting order. You should file this with the Court at the same time as you apply for the consent order.

The consent order should be signed and dated by a suitable witness, such as a Justice of the Peace. You’ll have to pay a $160 fee when you file an application for a consent order.

You can change a consent order by making another consent order, parenting plan, or parenting order.

3. Parenting order

A parenting order is an order made by the Court regarding arrangements for your children and your parental responsibilities. The Family Law Act sets out what the Court should consider when making parenting orders, including what’s in your children’s best interests.

A parenting order is legally enforceable, so if you disobey the order you can face serious consequences.

Child support payments

Depending on who has custody of your children, you can determine the amount of child support you need to pay or receive by visiting Child Support at the Department of Human Services. If you want to change a child support assessment due to special circumstances, you can complete an application form to change the assessment. Your child support will be changed if there are indeed special circumstances and the change would be fair to both parents and the children.

Sometimes if your Income is going to radically increase or decrease, you could lodge an Estimate Of Income but be careful to read the guidelines or get legal advice before you do.

Co-parenting and managing a separation with children

Have your children’s best interests in mind

When co-parenting/managing separation with children, you and your ex should always have your children’s best interests in mind. Here are some factors to consider:

Protecting your children from harm
Ensuring your children have a meaningful relationship with both parents
The views of your children (Giving weight to their age and maturity)
The relationships your children have with each parent and other family members
The capacity and participation of each parent when parenting and spending time with the children
The effect of any changes to the children’s circumstance
The practical difficulty and expense of any arrangements.
The relationship the children have with each other sibling

What is ‘equal shared care’?

Equal shared care means your children spend half the time living with you and the other half with your ex.

In many cases, however, an equal shared-care arrangement isn’t in the children’s best interests, so the Court will consider an alternative arrangement. For example, your children will live with you and spend every second weekend, plus one night each week and half of the school holidays with your ex. Other arrangements such as 4 or 5 day weekends every second week, or 8 days a fortnight with one parent and 6 days a fortnight with the other are also common. It depends on what is best for the children.

What if you’re relocating?

If you’ll be relocating with your children, you should get your ex’s written consent or do it with a court order. On the other hand, if your ex moves away with your children and it affects your children’s ability to spend time with you, you can obtain a recovery order requiring your ex to return your children.

Tips for successful co-parenting

Here are some tips for successful co-parenting:

Don’t use your children to relay messages to their other parent.
Speak directly to your ex partner but keep it businesslike and to the point
Don’t talk badly about your ex to your kids or in their hearing
Be considerate towards your ex-partner
Respect your children’s time with your ex-partner
Don’t do something that would make it hard for your children to have both parents attend their weddings
Don’t let another adult’s angst affect the decisions you make in your parenting arrangements with your ex-partner
Plan your time when your children are away, so that you don’t mope
Don’t air your grievances on social media, even if you’ve blocked your ex-partner. Someone will pass it on and one day the kids may read it too..

Would you like some guidance through your divorce? Contact Journey Family Lawyers Brisbane today

With more than 30 years’ experience, Journey Family Lawyers Brisbane can guide you through the process of divorce and help you achieve a positive outcome. Our services include divorce, separation, property settlement, and child support. We’ve helped thousands of Australians through their separation, so call us now on (07) 3832 5999 for a free 15-minute consultation. You’ll get personal advice from one of our friendly specialist family lawyers to ensure your divorce goes as smoothly as possible.

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Wills and Enduring Powers of Attorney

Do you have a Will? Do you need one when you are separated? Does your old one still work if you have separated?

What happens if you died and the house is in joint names? Do you want your ex-partner to receive the whole property?

What about your Enduring Power of Attorney? Is your ex still the person you would like to see managing you affairs if you were too ill to do so? You may need a new Will as soon as possible.

And if you die, do you want your ex to get your estate and manage your affairs? Chances are, if you have been married and have property, a Will, or an Enduring Power of Attorney with your ex partner named in it, you need to address these matters urgently.

We can sever the joint tenancy so that your house or land does not automatically go to your ex (they don’t have to sign a thing). You should consider a new Will (at least a basic one) and an updated Enduring Power of Attorney.

Also what about your superannuation? It doesn’t go according to your Will every time. All Superannuation Trust deeds are different. Sometimes they are not distributed in accordance with your Will. You need to contact your Super fund immediately if there is a chance you have named your ex as a beneficiary.

We can help you with this.

It is impossible to imagine every circumstance that readers of this page may face. Your case must be considered individually.

Contact us at Journey Family Lawyers and ask about your circumstances if you have any concerns. We prepare straight forward wills for clients in an easy, 3 step process. It takes about an hour of your time, and you can know your family will be cared for if the worst should happen.

Consent Orders

Consent orders are a very effective way to record an agreement between two separating people. Journey Family Lawyers are experts at helping you reflect your agreement in a document that is legally binding and protects your future. The basic forms for Consent Orders is available from the Family Court website for children’s matters. While the Application I would recommend getting the orders themselves drafted (or at least checked over) by a Solicitor.

Property settlement by Consent order is possible too. It is a bit harder to do though. First you should be certain that your orders are fair because the Court has to approve them. Then just fill out the Application and get your orders drafted. We are very good ( if we do say so ourselves) at getting instructions and quickly formulating the orders that reflect your agreement that will see you protected and your case resolved.

Read our property law notes here and read our resources to get a better idea of how consent orders work. Call us to speak to a lawyer for free.

Property Settlement in difficult financial times

Property Settlement . We have formulated some guidelines for a property settlement. The advice below is a general but a handy guide to first steps in a Divorce property settlement. If you need other questions answered, or need to speak to a member of our top Family Law team about your particular situation, please phone us for a free 10 minute chat, or email us on enquiries@journeyfamilylawyers.com.au for a confidential and free chat.

As if people thinking about Divorce or separation in Queensland didn’t have enough worries with the floods and the cleanup! Now we have dropping house prices and downturns in business and share prices as well. This obviously impacts on peoples’ ability to get property settlement sorted and can result in more Court cases in the Family Court. Today I thought I’d talk about some strategies to help you through and also comment on the way this has been played out in Court cases and settlement mediations throughout the past year in my firm, Journey Family Lawyers, and also what I have heard from other Family Lawyers.

In property settlement, the first step is to calculate the assets. This is easily achieved by valuing the assets or selling them! Just be careful that you never rely on old valuations where property prices are dropping, you should make sure your valuation is no more than about three months old.

If you have Superannuation, then, like shares, the value may have dropped to a disappointingly low level. This is not so easy to swallow, and the best thing you can do is accept the losses and move on. It is what it is.

Values of assets are an issue for the final stage of property settlement proceedings under section 79(4) of the Family Law Act. But what happens during the initial separation? In our article, “Separation advice: Before you go“, we talk about strategies for those early, difficult days. It helps if you think about separation in two stages, the interim, immediate stage and the long term plans and outcome that you want to achieve.

So, close your eyes and take a deep breath. I want you to visualise how your life will be after you have sorted this mess of separation out. Some people see themselves in a rented unit or house, others see themselves in their own home, bought with the proceeds of sale of the joint property, and still others plan to buy their partner out of the current joint home.

Whichever plan you have, you can see that it won’t be achieved instantly, no matter how amicable your settlement will be and however friendly your separation is. In the current housing market, you can expect to have your house for sale for over 100 days before it may sell. You may need to consider reducing prices. Don’t worry too much, because you will be presumably buying your new property in the same low market.

But, you need a short-term plan as well. One that can keep you comfortable and secure until the finances are untangled. This is the tricky one. So, a couple of FAQ’s.

The person who stays in the family home usually has to pay the outgoings, such as mortgage rates and insurance etc. I say usually, because there are exceptions, such sometimes where the children are in the home as well, or where the bank is chasing the joint mortgagors. The idea of the person who stays being responsible for the payments is one that the Family Law Cases has generally endorsed on the basis that the other party presumably has to get their own accommodation and will be paying for that.
Leaving the home does not mean you have somehow abandoned your right to have it considered in ten property settlement.
If you have a car registered in the name of one person, but it is agreed that the other person can have it in the short or long term, that is fine, but if the non registered user of the car does not pay the registration, or insurance, then it is the registered owner who may be liable.
Medical insurance is usually in the Family Rate at the time of separation. Be careful about relying on the other party to make the premium payments. I often advise my clients to check that the payments have been made each month. Ultimately you need to get separate health insurance but many people find it easier to keep it joint in the short term, especially when everything is in chaos in the early weeks of separation. This is particularly useful and important if you have kids.
Furniture, whilst important is not the be all and end all. If taking a particular piece of furniture is going to damage your relationship further than it already is damaged, you might like to reconsider. If you take the ” removal truck” option, where you take everything and just leave very little, then you should not be surprised if your ex will not negotiate with you on the rest of property settlement. Try to be very fair. It may pay off when it counts, say in property settlement or in kids matters.
Take all of your papers, and copy all of the joint ones, or take them and copy them at a later date. You can always give them back. But you may spend a lot of money with lawyers finding out information that was already available to you in your cabinet before you left.
Finally, take your photos, trophies, sewing, tapestry, music or rock collection, or whatever it is that is precious to you and irreplaceable. If it should be shared, you can give it back later, or have it valued later, but if it is one of a kind, and valuable mainly only to you, take it now, when you go. Otherwise I am afraid it may well disappear (I have seen it happen often), or be regarded as unimportant by the Judge in the final property settlement. These are the things that you will regret losing and for which money is not a substitute.

So get yourself settled in a way that you can afford, with the things such as insurances and your personal items safely with you. Don’t upset your partner unnecessarily. Make sure that between you both all the bills are still being paid. Be aware that this is just a holding pattern, and don’t let the emotion of the break-up make you foolish about these things.

Think about what you want to achieve in the future with your settlement. Reality check this with friends and then give your lawyer the goal posts. Hopefully a friendly civilised property settlement will be yours within the year!

Our firm knows the pressure that unresolved property issues brings to your daily lives and we will do everything we can to get a speedy resolution through either mediation, negotiation or if necessary, strong and decisive representation in Court.

I hope this helps, email me or send a question to Journey Family Lawyers at enquiries@journeyfamilylawyers.com.au. Someone will get back to you usually within a couple of business hours for free. Or phone us on one of the below listed numbers for a free 10 minute consultation

Kind Regards,

The Journey Team

Superannuation

Following separation people wish to make arrangement for property settlement and remember having heard somewhere that superannuation is now considered property for the purposes of family law property settlement. Sometimes people wish to reach an agreement about splitting their superannuation interests but do not know how to go about doing this. The purpose of this fact sheet is to provide you with some general advice about how the Family Courts deal with superannuation interests.

Superannuation splitting law

The superannuation splitting law treats superannuation as a different type of property to things like houses, cars and bank accounts. It lets separating couples value their superannuation and split superannuation entitlements, although this is not necessary for all people to do so. Each case is unique.

It is important to understand that splitting superannuation entitlements does not convert those interests into a cash asset – the entitlements are still subject to superannuation laws (for example, it is usually retained until retirement ages are reached). In simple terms, if you wish to receive part of your partner superannuation this does not mean you can readily convert it into cash. Only in very limited circumstances will a super fund allow you to do so, and only then, only a limited amount (known as “hardship grounds”). You must check with your Journey family law solicitor first before thinking you can access any part of your partner’s super after property settlement.

Options for splitting superannuation

Separating couples may either:

Enter into a formal written agreement to split superannuation

A formal written agreement requires that both you and your former partner instruct a lawyer who must sign a certificate stating that independent legal advice about the agreement has been given. Once this agreement is made, you do not need to go to court. The agreement is not registered in court and you must be careful that each of you retains a copy.

Journey family lawyers do not recommend that anyone enter into a “superannuation agreement” as there are many dangers and pitfalls involved in doing so. Ask your Journey family law solicitor about this if you require further advice.

Seek consent orders to split superannuation (this our best recommendation), or
Seek a court order to spilt superannuation (if you cannot reach an agreement with your former partner)

Even when an application is made to a court, it is possible to reach an agreement at any stage without the need for a court hearing, and we encourage you do to so. Journey Family Lawyers has a high success rate and reaching settlement in property matters thereby avoiding costly trials. You should ask your Journey Family Law solicitor about these options.

What you need to do to split superannuation

Step 1: Obtain valuation information

You need to get information to value the superannuation interests of both of you. You should provide the following forms to the trustee of the superannuation fund (we will usually do this for you):

Form 6 Declaration. This satisfies the trustee of the fund that you are entitled to get the information for this limited purpose, and
Superannuation Information Request Form (accompanied by the appropriate Superannuation Information Form).

The superannuation fund may (and often does) charge a fee for providing this information, and this is paid when you send the forms. The Superannuation Information Kit provides the information and the forms you need. To obtain a copy of the Superannuation Information Kit go to www.familylawcourts.gov.au or call 1300 352 000, or ask your Journey Family Law solicitor.

The information from the trustee may be enough to value the superannuation. However, the valuation of some superannuation interests can be complex. An expert may need to provide a further valuation. This often occurs when one of you works in the public sector and is a member of a defined benefit scheme. The valuation process for such schemes is often very expensive. You should ask your Journey Family Law solicitor about valuing superannuation.

How superannuation is valued

There are different types of superannuation. The superannuation splitting legislation sets out methods for valuing most types of superannuation, but there are exceptions, including:

Self-managed superannuation funds – they are generally valued with the assistance of an expert such as an accountant
Where the Attorney-General has approved a fund using a different valuation method.

Step 2: Decide the method of splitting

You have the option of either entering into a formal written agreement or obtaining a court order (by consent).

Obtaining a court order (our preferred method)

People obtain court orders about the division of matrimonial property in two ways:

By consent of the parties

If you and your former spouse have reached an agreement about property settlement (and superannuation), then a Form 11 Application for Consent Orders should be filed in the Family Court, accompanied by a consent order (often referred to as “Minutes of Consent” or “Terms of Settlement”) recording the agreement. The orders can then be made in chambers (by a judge alone) without either of you or your Journey Family Law solicitor attending court.

NB. In some rare circumstances the Court will require further information from the parties. Just because you have prepared Consent Orders and a Form 11 does not necessarily mean that it is the end of the matter. A court will only make the Orders you seek if they are “just and equitable” and are enforceable by law. The wording of superannuation splitting orders is complex and must meet strict legislative requirements. If your orders are not worded correctly they will be rejected by the registry and you will find yourself having to seek the advice of a solicitor. It is always wise to seek legal advice first, and is you wish to have super-splitting orders made, have your Journey Family Law solicitor prepare them for you to avoid delay and unexpected expense.

As a result of a court hearing.

Even if you start proceedings, you can reach an agreement at any stage and once the orders recording the agreement are made you do not need to attend court further, provided that the Court is satisfied that the orders you seek are “just and equitable”.

Either way, you need to file an Application with the Court.

To start a case in the Federal Magistrates Court we must prepare for you and file an Application, an Information Sheet and a Financial Statement. The other party will file a Response and a Financial Statement.

The information from the superannuation fund trustee will help us to complete the court forms. You must disclose all superannuation, even if you do not intend to split superannuation payments.

Informing the superannuation fund

If you are seeking court orders about superannuation, we must tell the superannuation fund trustee about the orders you are seeking. We must ordinarily provide the Trustee with 28 days written notice of the orders we seek on your behalf. The trustee must have an opportunity to attend the court hearing and object to the orders that you are seeking. This is called providing the trustee with ‘procedural fairness’.

Once the superannuation order is made, whether by consent or after a hearing, it is important to provide a sealed copy of the order to the trustee immediately.

You should get legal advice from us before deciding what to do. Our team of solicitors can help you understand your legal rights and responsibilities, and explain how the law applies to your case. Our role is to help you reach an agreement with your former partner without going to court. That is always our first preference, but in some cases, it is simply not possible for parties to agree and if that is the case, we will assist you to prepare your court case.

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Separation advice: Before you go

We find when client’s come to Journey Family Lawyers for the first time, there are two prominent issues that we need to look at;

what will be the final outcome and

what is going to happen in the short term.

This article gives some practical tips for what to do before you go and what to do once you’ve left.

Understand your finances.

One of the biggest problems we have with client’s coming to see us for the first time, is that they just don’t understand their finances. It’s very common to hear, “Oh, but so-and-so always paid the bills, I have no idea how much we have.” As painful as it is, you need to learn the basics.

After speaking with us for the first time, we will often recommend that you go and speak to a financial planner. Why? Because we can’t give you financial advice. They can give you advice on:

Budgeting (very important in the interim);
Life insurance;
Mortgage payments;
Savings accounts;
Retirement;
etc.

We can work with your financial planner to let them know how much money you have to work with so that a manageable budget can be planned.

Get Organised

Often, people just walk out of the house with nothing more then the clothes on their bank. Sometimes however, you have the opportunity to do a little pre-planning. If you can, take a copy of all your useful documents (bank statements, superannuation statements, share statements, tax returns, pay slips, etc.) to provide to us to give us a better understanding of your property pool.

And once you do leave, get organised! Put a binder or folder together of your most important information. You can include in it account numbers, contact information, policy numbers, correspondence from your solicitors and any other important documentation. It’s simple, but effective and helps you to focus.

As well as this, if you are leaving and you’re worried about personal items, take them with you. Photo albums are not easily replaced but copies can be made later.

Get Support

Divorce adds pressure to your already busy life, so to get through it, you need a good support system. Find a solicitor that you can relate to. Having a good relationship with your solicitor is absolutely fundamental. If you don’t trust or feel comfortable with your lawyer, you will never feel ok with the outcome. If you need to, speak to a psychologist or counsellor. Remember, we are all professionals in different arreas for a reason. Just like a counsellor can’t give legal advice, there are certain issues that solicitors aren’t trained to deal with. If you feel like it’s becoming too much, speaking to a professional will often help with this pressure.

Speaking with a financial planner, accountant or real estate agent often helps as well. Ask your family and friends for a good recommendation.

Your Journey file

We lawyers absolutely love paperwork! And if you think your paperwork pile was big before, a complicated divorce matter makes things so much worse. It can be tempting to simply through everything in a box and leave it there, but we recommend getting a file or system in place that allows you to keep everything organised. That way, you’ll know where everything is when you need to access it and you will make your life much easier.

Who pays the bills?

There is a time lag between a person first applying for Centrelink payments and Child Support and the date of the first payment. This can leave one party in dire straits for a few weeks, especially if they do not have any funds in their own name.

In these circumstances, most people continue to take mortgage payments and other living expense from whichever salary funded them in the past. It is usually only later, when Child Support payments are being made that the person living in the house assumes liability for the mortgage and outgoings. The Court expects a person living in a property to pay for the costs associated with that property on the basis that the other parent will have other living expenses involved in renting.

If no agreement can be reached then it may be necessary to bring an urgent spousal maintenance claim to cover day to day living expenses.

Who lives in the home?

Many times the Father leaves the house and the children and their Mother stay in the home. This is usually the sensible course of action as it is easier for one person to relocate than for several people to relocate. Difficulties arise however, where neither party will leave the home and resulting conflict makes life hell for both parties and the children.

In these circumstances, it may be necessary for one party to apply to the court for an order granting them “sole occupancy”. Decisions on this point are made by the Court based on the balance of convenience and fault, amongst other things. Generally the person who has somewhere else to go and the money to fund the move will be asked to leave. Unless he or she can convince the Court that there is no reason why they should leave. It is not unusual for people to continue to live under one roof but separately if they are unable to afford alternative accommodation for one party.

Where will the children live?

At the early stages, unless there are serious emergent circumstances, the parties will need to negotiate interim parenting arrangements either directly between themselves, or with the assistance of solicitors. Family Relationships Centre or Relationships Australia offer a free mediation for parties to discuss parenting arrangements.

Remember, unless there is an exception, parties must attend (or have sought to attend) compulsory family dispute resolution prior to commencing proceedings.

Valuations of Assets in Property Settlements

The Court has a 4 step process in assessing property distribution.

The first is that the parties assets are to be calculated. This includes all Superannuation, and the assets of one party or both parties, whenever it was acquired.

The second step is to assess contributions to those assets before, during and after co-habitation. (Section 79 of the Family Law Act)

The third step is to assess the parties future needs under section 75 (2)

And after adjustments for each of contributions and future needs, the fourth step is to assess whether the proposed Orders are fair and reasonable and it is here that the Court looks at such things as the proportions of actual property and Superannuation that a person receives.

So the first thing that a Court will do, or for that matter, Solicitors who are negotiating a property settlement must do, is determine the value of the assets of the parties.

Furniture

Often people make claims that the furniture “in the other person’s hands” is worth tens of thousand of dollars whilst the person who has the furniture will point out that the furniture is second hand, not of top quality in the first place, and would probably only fetch $2,000 or $3,000 in a garage sale. The first person is usually valuing the property or replacement value whilst the second person is valuing the property on its current sale value. Who is correct?

The Family Court seeks that furniture and chattels be taken into account at their current sale value, or second hand value and not at the replacement value so the correct value is the garaging sale or trading post or auction value.

The Home

Many times the value of the home is in dispute between the parties and they will each come to their Solicitors with confliction Real Estate Agents Appraisals that may differ by tens of thousand of dollars. Of course, the true value of a property is what someone is prepared to pay for it but if the property is not to be sold then it is important that a figure be reached at a valuation with which both parties can be content.

One way to do this is to obtain a number of valuations from reputable Real Estate Agents in the area, and take the average of all of the valuations as the value of the home for negotiation purposes. This can be very effective if, for instance, two appraisals are obtained by one party and two appraisals by the other party.

Another more costly way is to obtain a formal written valuation by a Registered Valuer. Either of these methods will determine the true value of the property to form the basis of negotiations.

Superannuation

Superannuation is always difficult to value similarly as it often has a much lower current value then its value will be at retirement age. There is a temptation for the person who does not have the superannuation to quote the figure that the other person could expect to receive at, say, 65, as the value of the superannuation. The flaw in this argument would become apparent if you consider that the person who currently earns the superannuation is, say, only 45 and has to live another 21 years, earning at the current rate, to be eligible for the superannuation at age 66.

Establishing the real value of superannuation can be extra difficult when superannuation comes with many classifications. For instance, there may be an unrestricted, unpreserved amount which can be accessed by the person immediately whether or not he or she has retired from work and whether or not he or she has obtained the age of 55.

There may also be a component that is restricted non-preserved which may be accessible by the person upon their leaving that position but before they attain the age of 55.

Then there is the restricted amount which is preserved until various ages, maybe 55 or 65 and can only be taken upon retirement.

With all of those issues at stake, you can see why superannuation can become fraught and difficult to deal with.

There are forms available for your Solicitor to use to obtain information direct from the superannuation fund so as not to have to rely on the other party to provide details of the superannuation fund themselves. The forms, however, do require the other person’s signature as an authority to enable you to write direct to the super funds. Alternatively, we have a separate article on superannuation which has additional information.

It is fair to say that a true estimate of your likely award in Court or in negotiation of property can only be given when the values of the various items of property and the details of the superannuation have been fully canvassed.

Defacto Couples

Property Proceedings in The Family Law Courts

Amendments to the Family Law Act commenced on 5th December 2008, enabling unmarried couples to seek resolution of property disputes in the Family Court of Australia and Federal Magistrates Court of Australia tamiflu dosing.

The Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 came into force on 5 December 2008. This Act creates a new Part VIIIAB of the Family Law Act and amends a number of other related Acts. Financial matters arising out of separation of de-facto couples can now be resolved in a Court exercising jurisdiction under the Family Law Act.

What is a “de facto” relationship?

A person is in a de facto relationship with another person if the persons are not legally married to each other, they are not otherwise related by family, and having regard to all of the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis.

A de facto relationship can be between members of the opposite sex or members of the same sex.

The circumstances of the relationship may include the duration of the relationship, common residence, a sexual relationship, financial interdependence, care and support of children, and public reputation (s. 4AA). There is no threshold requirement of cohabitation.

This is a broad test. In the context of child abduction proceedings, the Full Court of the Family Court has interpreted similar (New Zealand) provisions widely.

A Court may make an order or declaration if the Court is satisfied that the period, or the total of the periods, of the de-facto relationship is at least two (2) years, or there is a child of the de-facto relationship, or if failure to make the order or declaration would result in serious injustice to the applicant (s. 90SB).

Orders that can be made

The Court may make such orders as it considers proper for the maintenance of a party (s. 90SE (1), for a declaration of an interest in property (s. 90SL (1)) and for alteration of property interests (s.90SM (1)). Part VIIIB (Superannuation Interests) is extended to apply to a de-facto relationship.

Third parties may be included in de facto property proceedings (in a similar way to the existing Part VIIIA).
The Court may make an order or declaration about the existence or otherwise of a de facto relationship (s.90RD).

Time Limits

Proceedings must be commenced within the standard application period, which is defined as two (2) years from the date of separation. Leave may be granted for a party to apply after the end of the standard application period, if hardship is established.

Participating Jurisdictions

Not all States have referred power to the Commonwealth. For parties to be eligible to apply, they must be ordinarily resident in a participating jurisdiction. Presently, this includes all States and Territories except South Australia and Western Australia.

If the parties are ordinarily resident in these States, then the laws of those respective States still apply.
In Queensland the Family Law Act will apply to the exclusion of Part 19 the Property Law Act 1974 (Qld). Queensland Courts will have no jurisdiction. (s.90RC).

For a Court to have power to make orders for alteration of property interests and for maintenance of a party, then either or both of the parties to the de facto relationship must meet the geographical requirement.

The requirement is that either or both of the parties were ordinarily resident in a participating jurisdiction when the application for the declaration or order was made (or when they separated), and both parties were ordinarily resident in that jurisdiction during at least a third of the de facto relationship.

There is an exception to this rule if the applicant for the declaration or order made substantial contributions in a participating jurisdiction (s.90SK; 90SD).

Agreements

Financial Agreements can be made before, during and after the de-facto relationship (s90UB, 90UC, 90UD). Financial Agreements are binding if the requirements in s. 90UJ are met. Those requirements are precisely the same as those for Binding Financial Agreements for Married couples.

Agreements can be set aside (in the same way as present Binding Financial Agreements). A Court will apply a strict interpretive approach and strict compliance requirements should be applied. Failure to comply with the requirements will result in the agreement being set aside.

Recognized Cohabitation and Separation Agreements made under Part 19 Property Law Act (prior to the commencement date) remain binding provided that a State Court could not make an order that is inconsistent with the agreement.

Parties separated prior to commencement

Parties to a de facto relationship that broke down before commencement may choose for the new provisions to apply. Such a choice can be made if (a) no final order in respect of the property or financial resources of the de-facto parties, (b) no Recognized Agreement made pursuant to Part 19 Property Law Act (Qld) has been entered into, or (c) that such an agreement has been entered into but ceased to have effect without any property being distributed or maintenance being paid.

The choice must be made in writing, signed by both of the parties to the de facto relationship, and each of the parties was provided with independent legal advice and there is a certificate evidencing such advice.
There are no provisions in the Family Law Act that could enable a State Court to compel a party to ‘opt-in’. If proceedings have commenced (and provided the time limitation has not yet expired) both parties could agree to discontinue the State Court proceedings and re-commence in the Family Court or Federal Magistrates Court.

Key differences

Where parties have separated after the commencement date, recognized separation agreements under the Property Law Act will be ineffective. The only options are to either prepare an agreement that meets the requirements of the Family Law Act, or by way of consent order pursuant to the Family Law Rules.

If a recognized agreement is in existence, at least in Queensland, it will not have been able to deal with the maintenance of a party, or parties, to the de facto relationship. Fresh agreements might be required to cover the possibility of a maintenance claim.

If the time limit has not yet expired, spousal maintenance claims might be able to be made even where there is a final division of property. In any event, a Court may make such orders for maintenance of a party, including lump sum orders, and orders for transfer of property to meet a maintenance liability, as it may consider appropriate.

Superannuation will be treated as property, and can now be split, either by agreement or by Court order. The full range of options previously available to Married couples can now be used, including provision of fixed based amounts, percentage splits, and splits during the payment phase. This includes self-managed superannuation funds. Orders can now be made binding on Third parties.

The Jurisdiction of the Courts in Bankruptcy will be able to be utilized.

Most importantly, parties will have access to the Rules and Procedures of the Family Court of Australia and Federal Magistrates Court of Australia, with the benefit of individualized case management, early intervention dispute resolution processes and pre-action proceedings (for applications to the Family Court of Australia).

De facto couples with both parenting and property disputes will be able to have all matters determined in one Court. In most cases, this will mean a significant cost saving for litigants.

Further information

To assist in interpretation of the amendments, the explanatory memorandum to the Bill (as it was), and the Bill digest are both available on the Australian Parliament website

FAQs About Children

Your Questions Answered

On these page we will list questions and answers that may be of help to you. We have made them up so to speak from a conglomerate of questions that we have been asked often over the years in our many years of combined experience in Family Law.But don’t be shy. Ring us or email us and ask us your question. Be reassured that we will never use your particular question on this page in any way.

Q. I have heard about shared parenting? Does this mean that I have the right to have the kids live with me half of the time?

A. The new shared parenting laws that came in in July 2006 do NOT mean that the child must live half time with each parent. However the recent case of Goode and Goode sets out how the Court must approach shared parenting. Go to the Children’s page on the toolbar to the left and it is all set out there, including a link to the entire judgement if you are feeling brave, and the relevant section of th Act.

Q. What do I do about Holidays? I just seem to get over one lot and it is time for the kids to go again. It is wearing me out!

A. At this time of year Children are sharing holidays between their parents. Remember to work together as best you can to minimise any stress the kids may feel at changeover times. As the children pile into your car and begin to excitedly tell you all of the things they did with the other parent, try not to react negatively.

Remember that each parent has a different style of parenting, That is Ok. Even if the other parent did something dumb and dangerous with the children, it is not OK to fly off the handle at the kids. It is not their fault. Hold your tongue if you can’t be enthusiastic about what they did and take it up with the other parent later when you have cooled down and where the kids can’t hear. Work on your reaction because that’s the only thing you can change.

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

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: 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.

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: CHRISTMAS HOLIDAY CONTACT! How do others handle this?

A: 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.

Child Support

http://www.csa.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.

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 take the matter further. Check the form HERE on the CSA website.