Who is Entitled to Child Support?
The Child Support legislation stipulates that both parents have a financial obligation to their children. This includes same sex couples.
Parents can reach an agreement between themselves as to how much should be paid to the main caregiver. We suggest, however, that you speak to the Child Support Agency to obtain an indication as to what you would be able to obtain or required to pay if assessed by the Child Support Agency.
If you have made an application for child support with the Child Support Agency then they are able to collect payments on your behalf and deduct payments from the other person’s bank account.
I don’t think that I am the Biological Father. What can I do?
If your name is not on the child’s birth certificate then the Child Support Agency will write to you and ask you to sign a Statutory Declaration confirming that you are the biological father. You may be asked to complete DNA testing or become a respondent in Family Law Court proceedings to prove parentage. If you have doubts, do not sign any documents and get some legal advice first.
If you name is on the birth certificate then you will be required to pay Child Support. It is therefore recommended that you seek legal advice to assist with any negotiation with the other party to conduct DNA testing or an application to the Family Law Courts to dispute parentage. If tests show that you are not the biological father then the Court provides a Declaration which is sufficient to cease any further Child Support obligations.
Father is refusing to pay Child Support. What can I do?
Keep in mind that if you are in receipt of a Centrelink benefit, it will often be mandatory to make an application for Child Support. Get in contact with us and we can assist with having the father sign a Statutory Declaration and provide the relevant information to the Child Support Agency. Alternatively, you may need to apply to the Family Court for an order in relation to parentage. That application may involve parentage (DNA) testing followed by a Declaration from the Court that the father is the biological father.