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Applications for child support / child maintenance where the paying parent lives overseas
Assessment criteria
For legal aid to be granted for child support where the paying parent lives overseas, the following tests must be satisfied:
- The applicant meets the means test, and
- The applicant meets guideline 5 – child maintenance and child support, and
- The overseas parent is working and has the capacity to pay maintenance, and
- The child has:
- proper needs, and
- does not earn an income, or
- does not have capacity to earn an income, or
- earns an income which is insufficient, and
- The carer needs the financial support, and
- The overseas country is a reciprocating jurisdiction (schedule 2 and schedule 1A of Family Law Regulations 1984), and
- The applicant meets the merits test.
Documentary requirements
Application received from client
Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:
- a completed and signed Legal Aid Queensland application form
- proof of income and assets (refer to the means test).
Application received from preferred supplier or in-house practitioner
Practitioners seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online system attaching:
- proof of income and assets (refer to the means test).
The following documents are retained on file but may be requested by Legal Aid Queensland:
- a completed and signed Legal Aid Queensland application form.
Interpretation
The child has proper needs when they:
- are under 18 years of age
- live in Australia
- are not married or a member of a couple (the child is 16 years or older and lives with a person on a genuine domestic basis).
The child does not earn an income, does not have capacity to earn an income, or earns an income which is insufficient when:
- the child does not earn an income more than $250 a week (excluding Centrelink benefits).
The carer needs the financial support when:
- the parent has care of the child, and
- there is not another registered child support liability for the child.
Allocation of a solicitor
Applications for child support where the paying parent lives overseas will be referred to the in-house family law team unless there is a conflict of interest.
Grant(s) of aid
The grant of aid to apply or respond to proceedings in the Federal Circuit Court of Australia is CS7.
Review of decisions
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).
Related links and information
Last updated 15 December 2015