- apply for or respond to an application for , including urgent child maintenance
- apply for or respond to an application for
- apply for or respond to an application to a child maintenance or adult child maintenance order
- apply for or respond to an application for of child maintenance or adult child maintenance
- apply for or respond to an application for enforcement of a child maintenance or adult child maintenance order
- the person has sought and is unable to obtain assistance from our or a community legal centre
- the person has been, or will be funded by us in relation to another family law matter
- the following threshold tests are met:
Other mandatory requirements
As well as the requirements set out in this guideline, additional criteria apply in the following circumstances:
Where a person is not a parent of the child
Legal assistance in child maintenance matters is most commonly granted to one or both of the parents of the . Where the person is not a parent of the child, the lawyer must also be satisfied that the person meets the requirements in the .
Discharge or vary orders
If the significant change in circumstances has been caused by the person seeking assistance, we will consider the circumstances surrounding that change in deciding whether it is appropriate to make a grant of legal assistance.
Enforcement of orders
The following applies to grants of assistance for enforcement proceedings:
- the request for legal assistance should be made without unreasonable delay after the orders have been contravened
- the person requesting assistance for enforcement proceedings must seek a against the other party from the court. For more information, refer to
- we treat grants of assistance for enforcement proceedings as a for the purposes of family law cost management. This means that we will not include the amount of the grant when calculating the for the substantive matter (see ).
Applications for assistance under this guideline are within the and are submitted through our . Lawyers submitting an application must ensure that evidence supporting the application is kept on the file.
Ongoing assessment that client meets the guidelines
Notes on this guideline
Reviewed 19 April 2023