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Child Support until End of Secondary School?

Discussion in 'Family Law Forum' started by Barb, 25 July 2014.

  1. Barb

    Barb Member

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    My daughter is turning 18yrs in a few months but is currently only in yr 11 and still has over a year to go at Secondary school .In the past it has been a struggle to come to an agreed fair amount that should be paid based on his income. She was 16 when child support was first initiated. My ex is paying child support through gov agency ( child support agency) but only for the past 9 months as previous to this date is was via private agreement an arrangement that purely benefited him and his attempts to pay as little as possible (no tax returns) hence the new arrangement .The gov cannot force him to back pay me for past non payments prior to gov agency collection and he refuses too, so asking for him to pay via a private arrangement was met with verbal abuse

    As she is turning 18, I will loose all entitlements for her but still have to financially survive for another year and a half while she completes her year 12 studies . As she has yet to finish secondary school she is not entitled to new start or any other Centrelink benefit .

    I would like to know what my chances are of getting the courts to grant me child support for another year until she has completed secondary school .She would be classed as an Adult child because yes she is 18 soon? What is the procedure I would have to follow to apply to the court system ? Do I have to retain a costly solicitor or can I apply to the courts myself ? He left the family home, there was no mediation and I can't see it being possible now, his income is 6x mine and still he will not assist with his children's lives other that to pay child support e.g. no help with school fees/books, driving lessons, nothing extra.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Hi, Barb,

    I just had a quick look around for you and I am quite certain your daughter will be eligible for Youth Allowance to a maximum amount of $272.80 per fortnight, but will be subject to a means test based on your income. I assume you are receiving some family support, as well, so I can't imagine your income will have too much of an impact.

    My first course of action would be to contact Centrelink just to check. As for child support, contact the Child Support Agency and ask for their guidance. Nothing comes to mind for grounds to extend child support payments, but it would still be worthwhile checking.

    Hope this helps.
     
  3. Barb

    Barb Member

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    Thanks for the reply I was told from centerlink that she could not apply for Youth Allowance until she finishes yr 12 , as its for studants continuing studies after secondary school not during , as for child support they have stated that the payments stop at the end of her school year after her 18th birthday . Any further payments will have to come through court rulings .
     
  4. AllForHer

    AllForHer Well-Known Member

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    Interesting - the website suggests she is eligible and the 'Approved courses of study' lists 'an accredited secondary course through a secondary school or TAFE, higher education institution or special school'.

    I would get your daughter to apply anyway, just to be sure. On the child support matter, Legal Aid solicitors can provide you with free legal advice on how to address this, and how to self-represent, which I would suggest doing in your circumstances. Give them a call and book an appointment with one of their solicitors.
     

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