Referrals to legal advice for action to obtain child support to satisfy the Maintenance Action Test (MAT) 277-51070110
Expand allThis page contains contact details for Legal Aid Commissions and examples of the assistance customers may receive from Legal Aid in relation to child support issues, text to be used in a Q999/Q888 when the customer is seeking proof of parentage and scenarios where legal advice has been provided.
Examples
Legal Aid assistance
Table 1
Letter text
Text for Q999 letter (include a reply paid envelope)
Your child support exemption - request for information
Our records show that you have not been able to seek child support for (child's name) because you do not have proof of parentage. We need to check what action you are currently taking to prove parentage.
What you need to do:
You need to provide evidence to show what action you are taking to prove parentage. This will generally be a recent letter from your legal representative (Legal Aid/Legal Services) showing that they are assisting you.
If you don't provide this information:
If you don't provide evidence of the action you are taking by (insert date - 14 days from today for customers other than remote area and overseas customers, who are allowed 21 days from today), your Family Tax Benefit will be reduced to the base rate.
Information you should know:
If you have any questions or would like more information, please contact Services Australia on 136 150.
Text for Q888 letter when an exemption is first granted due to a court date in the future
Your child support exemption for {child names}
Our records show that you have not been able to obtain child support for (child/ren name/s) because you have not satisfied proof of parentage requirements. You advised you will be attending court on (insert date) to address this matter. As a result, we consider you are taking reasonable action to obtain child support pending the outcome of this hearing.
What you need to do:
If the court hearing date changes, or the court proceedings are finalised, you must notify and provide evidence to us within 14 days of the hearing date being changed or the finalisation of court proceedings (21 days for remote area or overseas customers).
If you do not provide this information:
If you do not provide evidence to us within 14 days of the hearing date being changed or the finalisation of court proceedings (21 days for remote area or overseas customers), you will only be eligible to receive the base rate of Family Tax Benefit Part A for your child/ren.
Information you should know:
If you have any questions or would like more information, see www.servicesaustralia.gov.au.
Text for Q888 letter when court date review matures
Your child support exemption for {child names}
Our records show that you have not been able to obtain child support for (child/ren name/s) because you have not satisfied proof of parentage requirements. You advised that you would be attending court on (insert date) to address this matter.
What you need to do:
As the scheduled hearing date has now passed, you need to provide a copy of the court order or further evidence of ongoing legal action to continue to receive more than the base rate of Family Tax Benefit Part A for this/these child/ren by (insert date).
If you do not provide this information:
If you do not provide evidence to us within 14 days of the date on this letter (21 days for remote area or overseas customers), you will only be eligible to receive the base rate of Family Tax Benefit Part A for your child/ren
Information you should know:
If you have any questions or would like more information, see www.servicesaustralia.gov.au.
Scenarios where evidence from Legal Aid has been subsequently provided (Date of event clarification)
Scenarios
Table 2: this table provides scenarios where evidence from Legal Aid has been subsequently provided (Date of event clarification).