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ADULT CHILD MAINTENANCE

ADULT CHILD MAINTENANCE Thu, 1 Jun 17
Generally, if there is a child support assessment in place pursuant to the Child Support (Assessment) Act 1989 (CSA) or if the parents of a child have come to their own private arrangements in respect of child support, these payments usually cease upon the child reaching the age of eighteen. However, child support can continue to be required until the child has completed secondary schooling (if they are turning eighteen while still completing their final year of school) upon an application being made for the extension prior to the child’s birthday. There are also other circumstances which can end the agreement to pay child support in accordance with the CSA, including:

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FAMILY PROVISION CLAIMS

FAMILY PROVISION CLAIMS Thu, 1 Jun 17
Affinity Lawyers first discussed the Western Australian case of Lemon v Mead back in April 2015, (you can read the article here). In essence, the case deals with the estate of a wealthy mining magnate who left two of his surviving children approximately $400 million each in his will, while the remaining surviving child (a daughter named Olivia, born as a result of a subsequent relationship) was to receive only $3 million. Further, she would only receive this if she complied with very specific and restrictive requests stipulated by her father throughout the document.

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HIGH COURT CASE OVERRIDES TWO TEENAGERS' WISHES TO LIVE WITH THEIR FATHER OVERSEAS

HIGH COURT CASE OVERRIDES TWO TEENAGERS' WISHES TO LIVE WITH THEIR FATHER OVERSEAS Wed, 26 Apr 17
A recent landmark case heard before the bench of the High Court (and attracting the medias attention), has confirmed that it is in the best interests of two children (in this case two boys, aged almost 15 and 17) to return to Australia and live with their mother, despite their wishes to remain living in New York with their father. In this matter, there were three children of the marriage (the two brothers and one sister) and parenting orders had been made by the Family Court in 2014 that the parties were to have equal shared parenting responsibility of the children, and that they could be taken by either parent on an overseas holiday, provided that certain conditions were met. Relevantly, there was also a clause in the order that enabled each child to decide with whom they would like to live.

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THEYR'E NOT MINE! - CAN I BE FORCED TO TAKE A DNA TEST?

THEYR'E NOT MINE! - CAN I BE FORCED TO TAKE A DNA TEST? Wed, 26 Apr 17
We’ve all heard about, or know someone who has experienced a situation where the parent of a child needs to be confirmed. In most cases, where parentage of a child is in doubt, the parties will voluntarily submit their DNA for a parentage test. However, there are many reasons as to why one would refuse such a test, including the age-old excuse of avoiding payment of child support.

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INTERESTING! AMERICAN CO-PARENTING PHOTO GOES VIRAL

INTERESTING! AMERICAN CO-PARENTING PHOTO GOES VIRAL Wed, 26 Apr 17
As blended families become more and more common in today’s society, a photo released by a family made up of a mother, father, step-mother, step-father and child has gone viral in the news for all of the right reasons. Promoting the belief that co-parenting is completely do-able, and most definitely in the best interests of the child.

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COMMON MISCONCEPTIONS OF FAMILY LAW

COMMON MISCONCEPTIONS OF FAMILY LAW Wed, 22 Mar 17
ASSUMPTION — IT WILL BE A 50/50 SPLIT Most people presume that their assets will be split straight down the middle, however there is no hard and fast rule that this will occur (see pages 12 to 13 for more details). ASSUMPTION — WHAT I PUT IN, I GET BACK A person may not necessarily get to keep all of the things that they brought into or acquired during the relationship. The Court will consider each parties contribution to the relationship and what their future needs are (see pages 12 to 13 for more details).

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