Child and Spouse Maintenance Legal aid is available for child and spouse maintenance matters arising under the Family Law Act 1975, the Child Support (Assessment) Act 1989 and the Child Support (Registration and Collection) Act 1988. A grant of legal aid for this type of matter is subject to means test A, merit test B, and Commonwealth general family law guidelines. See also the Child Support/Maintenance Guidelines. Spouse maintenance Applicants If the applicant is seeking orders for spouse maintenance or to increase spouse maintenance, legal aid may be granted for proceedings relating to spouse maintenance where: the applicant cannot obtain such orders by consent, and the other party's whereabouts are known or substituted service is likely to be successful, and there is good reason to believe that the other party has the capacity to pay maintenance or increased maintenance, or is likely to have such capapcity in the future, and the applicant cannot obtain appropriate assistance from another source, and the applicant is likely to be successful in the proceedings Respondents The Commission may grant aid to applicants to defend applications for spouse maintenance or applications to increase spouse maintenance if: it is unlikely that the court will make an order for the amount which the other party seeks, and the services of a solicitor are necessary. Reduction in maintenance If the proceedings concern a reduction in maintenance, legal aid may be granted for proceedings relating to spouse maintenance where the applicant is likely to be successful in the proceedings, and the services of a solicitor are necessary Legal aid is available to commence proceedings in the Local Court only, unless exceptional circumstances exist. Arrears of maintenance Proceedings for arrears of maintenance or child support Legal aid may be granted in proceedings relating to arrears of child or spouse maintenance, or child support, if: (i) the applicant cannot adequately prepare or present the case without legal aid, and aid cannot be obtained from a Local Court, the Federal Magistrates Service, the Family Court, the Child Support Agency or any other appropriate organisation, or (ii) another family law problem is involved. Example: The parties may be seeking parenting orders.

---

You are Required to Read the Copyright Notice & Disclaimer | Webmaster | Feedback

---

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.