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Experience:  Dip Law LPAB - Sydney based lawyer
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How much does dad has to pay for kids 23 and 17 years old after

Resolved Question:

How much does dad has to pay for kids 23 and 17 years old after the divorce and for how long. Children's are study at university and working part time
Submitted: 1 year ago.
Category: Australia Law
Expert:  replied 1 year ago.
Hello and thank you for your question.

The usual obligations of a parent to pay for the support of his or her children are set out under the child support regime which you can read about in detail here:

http://www.humanservices.gov.au/customer/information/child-support-website

Generally child support obligations cease once a child reaches 18 years of age, or until the child finishes school. However, after this time a parent can seek further assistance with education costs or for special care costs of a child with a disability, but would need to either obtain the agreement of the other parent or apply for court orders to that effect. If an application were made to the court further contributions would only generally be ordered if the parent were in a financial position to afford such further contribution.

Noting also that you have said the father "left everything to his first wife and 2 kids" it sounds as if no formal property settlement was ever entered into, and if this is the case it may still be possible for the father to negotiate a more equitable property settlement, especially given the assets you describe which are not insubstantial. Whilst ordinarily the parties have only one year after a divorce to apply for property orders from the court, the court will often grant an extention where there are significant assets involved and a significant injustice would be done if the extension were not granted. To pursue such an option your husband should engage a family lawyer ASAP as further delay will only make it more difficult to pursue such an option.

I trust the above assists.

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Thank you and good luck.

Patrick
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 4520
Experience: Dip Law LPAB - Sydney based lawyer
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