Will receiving child support affect my application for more time?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Been2Trial

Well-Known Member
12 July 2017
100
18
454
I was previously paying child support, now the time has stepped up to another (final) stage, I am receiving child support.

I am making an application in the foreseeable future to have the orders varied from 5 nights a fortnight to equal time 7/7 (meeting R+A for various reasons).

The only concern I have is that ex may try and argue something along the lines of "if he requires me to pay child support, how can he possibly be in a position to take care of child more time?"

Does anyone see this being an issue, or opinions?

She initiated child support, all changes of circumstance applications have been made by her, she kind of dug this hole but I am looking to present the best case to the courts when that happens, this is the only thing I am concerned may go against me...
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
nope mate CSA is irrelevant.
"if he requires me to pay child support, how can he possibly be in a position to take care of child more time?"
That is not a line of argument a magistrate is gonna wanna hear. IT will make her look stupid.

But if you have final orders? that give you 5 a fortnight, you're gonna need a bloody good reason for applying to court for 50/50...
 

Been2Trial

Well-Known Member
12 July 2017
100
18
454
Thanks Sammy, that was my thoughts on it too, just needed a sanity check ;)

Yes, got good reason/s, have run it by two separate lawyers and both independently gave similar advice for moving forward and felt there is a strong enough case to meet R+A