A member asked over 8 years ago

payment of child support


Recently my best friend and his wife finalised their divorce settlement and custody of kids. She was awarded a substantial amount as there were 3 kids involved.  It has been revealed since then that the eldest child has nothing to do with the mother and the youngest child has now been dumped on his father. The mother is still taking money for the kids and has more money than the father. 

Where does my friend stand legally? 

Daniel Myers
Family Lawyer at Schetzer Papaleo

Dear Member,

In order to give a meaningful answer I would need to see the terms of the divorce settlement (known as a property settlement), including the amount the Wife received, together with all the other relevant background. I'm also unsure if you're referring only to "child support" or the property settlement. If the issue is only child support, then (very broadly) an assessment is based on the respective incomes of the parents and the number of nights the children spend with each parent (and a number of other factors).

If circumstances have changed since earlier orders (or an earlier assessment by the Child Support Agency) then your friend may be entitled to apply for a variation.

Suggested way forward

If you or your friend require any further assistance, please do not hesitate to message me or make an appointment at my office


Answered over 8 years ago   Legal disclaimer


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