Responding to an application to enforce a child support assessment

Legal aid may be available for respondents to an application to enforce a child support assessment where:

• the applicant meets the means test, and
• the applicant meets guideline 7 – arrears of spousal or child maintenance or child support, and
• court proceedings have been initiated to enforce a child support debt against the applicant, and
• there is no dispute as to how the debt was calculated
• 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)
• a copy of the child support agreement
• copies of any relevant court documentation
• details of your special circumstances

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 the applicants income and assets (refer to the means test)
• a copy of the child support agreement
• copies of any relevant court documentation
• details of your clients special circumstances

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 applicant for assistance cannot adequately prepare the court application or present the case to the court without legal representation

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.

Appropriate legal assistance cannot be obtained from another source

Under this criteria, Legal Aid Queensland expects respondents to an application to enforce a child support assessment 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:

• the applicant has special circumstances as outlined in the commonwealth legal aid service priorities - special circumstances of the applicant priorities.
• the case is complex or urgent
• the child is over the age of 18
• paternity is in dispute.

The applicant for assistance is also seeking the resolution of another family law matter by the court

Under this criteria, Legal Aid Queensland can only fund respondents to an application to enforce a child support assessment where the respondent is currently in receipt of funding for a parenting and/or property dispute.

Allocation of a solicitor

Applications to respond to an application to enforce a child support agreement 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 negotiate with CSA in reaching an agreement to settle outstanding child support arrears is CS10.

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).