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Case Reports - Family Law
Parent finally pays

A client of our Child Support Service had approached us several times over the past few years for help in getting the father of her child to pay maintenance. The father had paid nothing for 11 years and kept producing statements from Centrelink showing he was unemployed. Although insisting she knew the father had work as a tow-truck driver, our client would then instruct us to take no further action.

This year she came back to see us with photos of the father showing him driving a tow truck at the scene of a car accident. When we took the matter to court, the Magistrate was satisfied that the father could pay $80 a week in maintenance (and $75 a week whilst receiving unemployment benefits!)

This outcome challenges the commonly held presumption that parents receiving Centrelink benefits should pay no (or very low) child maintenance.

Needless to say, after doing without any financial support from the father of her 11 year old son ever since the child’s birth, our client was more than satisfied with this result.

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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in, or affected by, the laws of New South Wales, Australia only.

most recently updated 19 March 2002