Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

Have an issue with child support just met this kid I've been…

Customer Question
Have an issue with...

Have an issue with child support just met this kid I've been paying for and he's nothing even remotely like me. Had dna tests done at the time first one came back negative and she had them look at it again and they found by swapping my result for his that made him suddenly my kid ?? but am needing to do a form 107 so can do another one without the interuption need to know ball park figure on cost

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Queensland Australia

Lawyer's Assistant: Have you talked to a lawyer yet?

Not as yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Will need to get a stay of proceedings for child support asap as they are really getting difficult

Submitted: 5 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 3 hours by:
11/20/2017
Solicitor: John Melis, Lawyer replied 5 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,396
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly. 

Kind regards
John Melis
Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 5 months ago
The Family Law Act contains five statutory presumptions of parentage and they do not cover every circumstance. Though each of these presumptions may be rebutted by proof on the balance of probabilities.
Presumption 1.
Where a woman gives birth to a child within 44 weeks of a marriage being annulled or terminated by death, the husband and wife are the parents of the child. This same situation arises where the husband and wife are separated and the child is born within 44 weeks of that separation following a period where the husband and wife had resumed cohabitation for a period.
Presumption 2.
Where a couple are not married and a child is born between 20 to 40 weeks to the woman, the man is presumed to be the father of the child. For this presumption to apply there needs to be proved that there was stability in the domestic relationship.
Presumption 3.
Where a child is born and a person’s name is ***** ***** child’s birth certificate, there is a presumption that the name of the person on the birth certificate is the parent of that child born. This presumption also applies in a foreign country were the law has a recognised birth registry system.
Presumption 4.
Where no presumptions apply to parenting and a court finds that a person is a parent on the facts of a case, then that person will be recognised as the parent to that child. This will also apply in a foreign jurisdiction and recognised in Australia were a competent court in that foreign country has confirmed the same.
Presumption 5.
Where any man signs a legal instrument that acknowledges they are the father of a child, and that document is not annulled or set aside, that man is presumed to be the father of that child.
When child support matters are raised as to whether a parent needs to pay child support there are six presumptions under the Child Support (Assessment) Act 1989:
Presumption 1.
A child was born during the marriage then both parties are parents.
Presumption 2.
A person's name is ***** ***** the birth certificate of the child, they are a parent.
Presumption 3.
The court has found on the facts of a case that the person in question is a parent.
Presumption 4.
The person in question has signed an instrument, which is a legal document that confirms that the person is the parent of the child.
Presumption 5.
A person has adopted a child, they are a parent.
Presumption 6.
A person, whether male of female is recognised as a parent under the Family Law Act in relation to artificial conception or surrogacy.
Where there are disputed findings by the Child Support Agency, the CSA known for short, will select the option that most likely prevails under the legislation.
Ask Your Own Australia Law Question
Was this answer helpful?
Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
863 Satisfied Customers
Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Deborah Awyzio is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

26,412 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,833 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

< Previous | Next >

Related Australia Law Questions
I belong to an Owners Corporation. I have applied to the OC
I belong to an Owners Corporation. I have applied to the OC Manager for permission to install a security screen door at my apartment. It is now more than 3 months since I handed in my request. The OC … read more
John Melis
John Melis
Lawyer
2,396 satisfied customers
Could you tell me if there is case law or section that
Could you tell me if there is case law or section that enables me to oppose an application made for the statutory trustee to be appointed to sell co owned land … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
My wife's car was recently involved in a low-speed collision
My wife's car was recently involved in a low-speed collision in a car park. Damage is minor but the car is old (1995) and looks scruffy. RAA refuse to countenance repairs, and say that they "have writ… read more
John Melis
John Melis
Lawyer
2,396 satisfied customers
I am applying for PR and am confident that I would be able
I am applying for PR and am confident that I would be able to get through. However, I would like to bring my mom and brother to live with me in Australia on a permanent basis. My mom is a house-wife a… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
My wife migrated to Australia in April 2010. She is an
My wife migrated to Australia in April 2010. She is an overseas qualified Human Resources professional and legally allowed to work in Australia. My wife has been trying to get into a job since but not… read more
John Melis
John Melis
Lawyer
2,396 satisfied customers
I have been charged with 1 court of fraud ($65,000) from my
HI my name is Joanne, I have been charged with 1 court of fraud ($65,000) from my previous employer. However, I have a Settlement signed by them and myself from Fair work Australia were a Zero was agr… read more
John Melis
John Melis
Lawyer
2,396 satisfied customers
I am having a problem with NBN. QLD. I have been phoning
I have been phoning Telstra since October last year and probably not fix … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I would like to ask a few questions in regards to putting a
HiI would like to ask a few questions in regards ***** ***** a worker into unreasonable performance implementation plan on a South Australian public sector employee.Is there any section in SA Public S… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
Tina on 3/10/2017 I engaged 247Techies Limited to work on my
hi tina on 3/10/2017 I engaged 247Techies Limited to work on my PC at a cost of $278.75 to pay this bill I submitted my details, and thought that was that but I have received a notice from Pay Pal tha… read more
John Melis
John Melis
Lawyer
2,396 satisfied customers
My caravan has been under insured, and I am putting in a
My caravan has been under insured, and I am putting in a claim for an accident with the van. However I noticed with y policies the insurer have downgraded the market value of the van to $7,000.00 when… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I am on a 457 visa. I got transferred from India by my
Hi, I am on a 457 visa. I got transferred from India by my company to Australia on a 457 visa in sep 2014. In Dec 2017, the project in which I was working went back to the client and I was asked to re… read more
John Melis
John Melis
Lawyer
2,396 satisfied customers
I was asking about my position about "Find My Past" paid
I was asking about my position about "Find My Past" paid website publishing my indexes on there under the copyright of Gould Genealogy and History who are the publishers and not the copyright or intel… read more
John Melis
John Melis
Lawyer
2,396 satisfied customers
Is there a limit on the amount of merchant surcharge that
Is there a limit on the amount of merchant surcharge that can be charged by a business on a credit card transaction? … read more
John Melis
John Melis
Lawyer
2,396 satisfied customers
I live in NSW, SO Fare I have tried over 12 Times to contact
SO Fare I have tried over 12 Times to contact my insurance company but all get is 1 hour wait then disconnect I have even had the Banks complaints department try. I have had a Phone call from the insurance company saying that they will not ohnor my claim claiming that escaping liquid is not covered Yet it plainly states it does in the policy. I am still trying to contact them back but am still in a que that has now gone on for 30 minutes when the machin said 2 minutes. … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
What sentence is likely for a man charged with GBH (Grievous
What sentence is likely for a man charged with GBH (Grievous Bodily Harm) after breaking the leg of a 2 year old child when supposedly diciolining het for swearing in Qld Australia ? … read more
John Melis
John Melis
Lawyer
2,396 satisfied customers
I am being asked to evict my unit because of 3 people saying
I am being asked to evict my unit because of 3 people saying things about me but the real state says they don't have to tell me what the problem is … read more
John Melis
John Melis
Lawyer
2,396 satisfied customers
I am having terrible trouble trying to get a small claim
I am having terrible trouble trying to get a small claim paid by QBE Insrrance - going on now for eight months. Had my handbag stolen in breakfast room overseas hotel. All the proof provided - always … read more
John Melis
John Melis
Lawyer
2,396 satisfied customers
I got a notice to go to court for shoplifting worth $68
i got a notice to go to court for shoplifting worth $68 ....what they gonna do for that … read more
John Melis
John Melis
Lawyer
2,396 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x