Applications for child support / child maintenance where the paying parent lives overseas

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).