In this section
START OF Policies and procedures
START OF Grants Handbook
START OF What do we fund?
START OF Family law
END OF Family law
END OF What do we fund?
END OF Grants Handbook
END OF Policies and procedures
Legal Aid may be available to receiving parents to make an application to recover child support arrears if:
Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:
Practitioners seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online system attaching:
The following documents are retained on file but may be requested by Legal Aid Queensland:
Legal Aid Queensland will only consider that an applicant cannot adequately prepare the court application or present the case to the court without legal representation if the applicant meets the commonwealth legal aid service priorities - special circumstances of the applicant priorities.
Under this criteria, Legal Aid Queensland expects applicants to make an application for the recovery of child support arrears to obtain legal assistance through a community legal centre.
Legal assistance may be provided in matters where Legal Aid Queensland deems that it is inappropriate to refer the matter to a community legal centre. Legal Aid Queensland may consider a referral is inappropriate where:
Under this criteria, Legal Aid Queensland can only fund applicants to make an application for the recovery of child support arrears where the applicant is currently in receipt of funding for a property dispute.
Legal aid is not available for the receiving parent where the CSA has commenced enforcement of child support arrears on behalf of the payee parent.
Legal Aid Queensland considers there to be a substantial benefit to the payee parent and/or child if the child support arrears are included in the property settlement as it enables the carer parent to provide for necessities for the child (accommodation, health etc). For example, when the carer parent retains the matrimonial home, or there is a small property pool and the carer parent retains matrimonial assets.
Applications for the recovery of child support arrears will be referred to the in-house family law team unless there is a conflict of interest.
The grant of aid to attend to additional work in relation to the recovery of child support arrears is CS11.
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).