In order to achieve a lifestyle which fulfils the basic needs of a child, the Family Law Act 1975 (Cth) creates a duty, held by all parents to contribute to the maintenance of their children. This duty also extends to step-parents, if the court is satisfied that it is proper to confer such a duty upon step-parents.
When considering the extent of the duties held by step-parents, the court will consider:
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The length and circumstances of the marriage to or relationship with the parent of the child.
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The relationship between the step-parent and the child.
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The requirement that children have their proper needs met from reasonable shares in the income of both parents.
The duty to maintain is not one which is taken lightly. According to the Family Law Act 1975 (Cth), the duty of a parent to maintain a child takes priority over other commitments held by parents to maintain themselves or any other person they have a duty to maintain. Furthermore, the duty of parents is not affected by the duty of any other person to maintain the child, or any benefit, entitlement, pension, allowance received by the child.
Upon finalisation of any orders, the person applying for them must inform the Child Support Agency of any orders made or agreements reached. A copy of the orders or agreements must also be provided to the CSA.
How can Prime Lawyers help you?
If you are unaware of the extent of your duties with regard to your children or believe that another person or people are not fulfilling their duties, our family lawyers are able to explain the requirements of each parent or caregiver and answer any questions which may arise.