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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44899
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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This was the child support act in 2013 I am concerned about

Customer Question

this was the child support act in 2013 I am concerned about below is how it is written in the act, what I need to know is if I have no relationship with the mother of the child at all there was not marriage and no defacto relations at all
so would this child be considered as an eligible child.19  Children born on or after commencing day are eligible children
                   A child born on or after the commencing day is an eligible child.
20  Children of parents who separate on or after commencing day are eligible children
             (1)  Where:
                     (a)  the parents of a child born before the commencing day have cohabited; and
                     (b)  the parents separate on or after the commencing day;
the child is an eligible child.
             (2)  Subsection (1) applies in relation to the child whether or not the parents:
                     (a)  are or were at any time legally married; or
                     (b)  have separated on an earlier occasion; or
                     (c)  have resumed cohabitation.
Submitted: 3 months ago.
Category: Australia Law
Expert:  Leon replied 3 months ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Customer: replied 3 months ago.
online please
Expert:  Leon replied 3 months ago.

You do not have to be married or in a defacto relationship to be covered. If you have a chils with the mother this is enough.

The child is eligible if born after the date the act commences

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

Customer: replied 3 months ago.
have parents who lived together and who separated on or after 1 October 1989 (CSA Act section 20), or
Customer: replied 3 months ago.
does that not mean that the child is not eligible
Expert:  Leon replied 3 months ago.

Good Evening

To be eligible is it section 19 that applies.

Subsection says that section 20(1) applies to a child whether or not the parents:
(a) are or were at any time legally married; or
(b) have separated on an earlier occasion; or
(c) have resumed cohabitation.

If you weren't together at the time the child is still eligible.

Expert:  Leon replied 2 months ago.

Good Evening

I am just following up my last post.

Is there anything further I can assist you with?

Regards

Leon