Table of contents
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Table of contents
- 1 – Introduction
- 2 – Types of matters that may be assisted
- 3 – Criminal law guidelines
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4 – Commonwealth family law and child support guidelines
- Guideline 1 – early intervention and dispute resolution
- Guideline 2 – litigation
- Guideline 3 – parties who are not parents
- Guideline 4 – assistance for applications to discharge or vary parenting arrangements
- Guideline 5 – independent representation of children
- Guideline 6 – child support and child maintenance
- Guideline 7 – spousal maintenance
- Guideline 8 – arrears of spousal or child maintenance or child support
- Guideline 9 – parentage
- Guideline 10 – special medical procedures involving children
- Guideline 11 – recovery, location and information orders
- Guideline 12 – nullity of marriage
- Guideline 13 – assistance after final court orders are made
- Guideline 14 – appeals
- Guideline 15 – contravention and enforcement of court orders and contempt of court
- Guideline 16 – international child abduction matters
- Guideline 17 – family law costs management
- Family law trials and final hearings
- Jurisdiction of family law proceedings
- 5 – Commonwealth civil law guidelines
- 6 – State family guidelines
- 7 – State civil law guidelines
- 8 – Standard grants assessment process
- 9 – Simplified grants assessment process
- 10 – Referral and practitioner panels
- 11 – Means test
- 12 – Commonwealth merits test
- 13 – State reasonableness test and interests of justice test
- 14 – Special circumstances
- 15 – Applying for a grant of legal assistance
- 16 – Decision to grant or refuse assistance
- 17 – Reconsideration and review of decisions
- 18 – Standard terms and conditions
- 19 – Contributions and overdue payments
- 20 – Abandoning legal assistance
- 21 – Finalising grants of legal assistance
- 22 – Allocation of work to lawyers and law firms
- 23 – Payments to lawyers and service providers
- 24 – Compliance reviews
- 25 – Privacy protection
- 26 – Complaints and feedback
- Topic index
- Invoices, worksheets and forms
- Contact us
Guideline 6 – child support and child maintenance
A grant of legal assistance under this guideline should usually be limited to administrative remedies under child support legislation, and to proceedings in State or Territory magistrates’ or local courts, or the Federal Magistrates Court, unless such proceedings are unavailable.
The applicant for legal assistance must seek assistance for child support or child maintenance matters from Victoria Legal Aid's (VLA’s) Child Support Legal Service or a community legal centre in the first instance (see below).
VLA will not make a grant of legal assistance to a lawyer unless the applicant for legal assistance is unable to obtain appropriate assistance from VLA’s Child Support Legal Service or a community legal centre, or there are compelling circumstances (for example, the lawyer is also acting for the applicant in a parenting matter for which legal assistance has been granted).
6.1 – assistance for child support matters
VLA may make a grant of legal assistance for an application to a court under the Child Support (Assessment) Act 1989 or the Child Support (Registration and Collection) Act 1988.
6.2 – Social Security Appeals Tribunal (SSAT) review of Child Support Agency decisions
If a person’s circumstances affect their ability to adequately represent themselves, VLA may make a grant of legal assistance in relation to any of the following:
- appeals under the child support legislation to the SSAT for review of a Child Support Agency decision
- appeals under the child support legislation to the Administrative Appeals Tribunal for review of a decision of the SSAT
- an appeal under the child support legislation from a decision of the SSAT to a court on a question of law.
6.3 – assistance for child maintenance matters
VLA may make a grant of legal assistance in relation to a child maintenance matter under the Family Law Act 1975 in order to:
- apply for, or respond to, an application for a child maintenance order
- apply for, or respond to, an application to vary a child maintenance order or agreement.
6.4 – assistance for applicant children
VLA may make a grant of legal assistance to a child for a child support matter only if the child is the most appropriate person to seek the order.
6.5 – Assistance for applicant adult children
VLA may make a grant of legal assistance to an adult child (aged 18 years or older) or to a parent of an adult child seeking a child maintenance order under section 66L of the Family Law Act where the child has a disability or where VLA is satisfied that the child needs financial assistance to continue his/her tertiary education.
VLA’s Child Support Legal Service
VLA has a Child Support Legal Service to help eligible parents who have legal problems in relation to receiving or paying child maintenance or child support.
The Child Support Legal Service regularly visits VLA offices and most major regional centres. The service may also help people by telephone.
The Child Support Legal Service can help eligible people by:
- giving advice
- preparing documents
- representing people in court.
For more information see Child Support Legal Service.
Community legal centres
The following community legal centres provide a similar child support service: