Legal Question in Family Law in Australia

Re: Child Support

Dealing with each point in turn:

1. The obligation to pay child support in Australia is not dependent upon contact taking place.

2. If contact is being withheld unreasonably, he will have to consider filing an application in the Family Court seeking orders for regular contact. These matters are usually able to be negotiated without the need for a court hearing.

3. If she remarries it wont usually change things as far as child support because the Child Support legislation attempts to ensure that natural parents are responsible for their own children. Her new husband would not have a duty to support the children. The only conceivable way in which this might change is if he is so wealthy that he can (and elects to) provide a lifestyle so overwhelmingly spectacular that a Court would override the legislation. This is pretty unlikely to happen though.

4. If you have children of your own, they become dependant children of your boyfriend and his child support amount payable would be split amongst all dependent children. Thus children of you own would reduce the amount payable to his former wife.