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Hello,I am divorced,my ex wife looks after our two children and I pay the appropriate maintenance.I am in a new relationship with a lady and we are going to marry.My current partner has two children and recieves no maintenance.I hope to adopt the children and give them my name,we are all agreeable to this.

I would like to know if this scenario will affect the amount of maintenance I currently pay my ex wife for my children.
briany said
…My current partner has two children and recieves no maintenance.I hope to adopt the children and give them my name,we are allagreeable to this.
Is the father of these two children agreeable to the change of name? How old are the children? Do they agree  or is it just thrust upon them?
briany said
I would like to know if this scenario will affect the amount of maintenance I currently pay my ex wife for my children.
Clearly you have not used the advanced CSA calculator on the site here that the developers and MikeT spent years perfecting.. Plug the data into that calculator and all will be revealed. Without having any numbers its hard to give a definitive answer but probably yes.


Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
If you adopt the children then CS will not be applicable as adoption of the child is classed as a child support terminating event. i.e. by adopting the child or children then you take on the role and responsibilities of the parents.

However, the child or children, would then be classified as relevant dependants and thus a relevant dependant child amount(s) would apply. This amount is calculated using the same child support tables that are used for the calculation of CS children. However the base amount is solely that parent's adjusted taxable income (i.e. taxable income possibly adjusted by other specific amounts e.g. net investment losses).

Many hanks to Krystal for pointing out, via a M, that I originally omitted the RDC information


The CSA Guide - 2.10.3: Terminating events said
Definition of child support terminating events
The various 'terminating events' are listed in section 12 of the Assessment Act. CSA must amend or end an assessment to take into account a terminating event (section 74).

Child terminating event

A terminating event happens if the child of the child support assessment:

    dies;
    ceases to be an eligible child because the child is in the care of a person under a child welfare law (section 22 and regulation 4);
    turns 18 (unless CSA has accepted an application for the assessment to continue beyond a childs 18th birthday);
    is adopted;
    becomes a member of a couple (living with a person as the partner of that person on a genuine domestic basis or with someone they are legally married to) (section 5). A person cannot live with another person on a genuine domestic basis if they are aged under 16 years. This is because a person is living with another person on a genuine domestic basis if the relationship has the characteristics of the relationship of marriage and the persons are of marriageable age (FO v HAF [2006] QCA 555). Marriageable age is 16 years of age and refers to a person's capacity to marry pursuant to the Marriage Act 1961 (Cth) which is uniform across all States and Territories;
    is no longer present in Australia, is not an Australian citizen, and is not ordinarily resident in Australia (and is not subject to an international maintenance arrangement); or
    a second liability is registered for the same parents and child/ren (section 30AA(1) of the Registration and Collection Act).

Last edit: by MikeT

I think it might be premature for you to adopt this postion. I would anticpate that the Father of the children will have something to say about this.

I suggest you obtain advice about a) changing a child's name, and b) the procedure and cost involved.

For example, if you are serious about adopting, then you will need first to apply to the Family Court and if leave is granted then b) to the Supreme Court. There's about $20k + in fees to start of with.

If the Family Court refuses you leave, and you wish to persist with an application to change the children's surnames, then you must convince the Court that such change is in their best interests.

As a quick perusal of the posts placed on the various forums on this site will  indicate, some men are alienated from their children for one reason or another, and may not have either the fincancial resources or support to seek redress throught the Court. Further by maintenance I presume you mean child support, and again this website is almost overflowing with complaints made  about  unfair or incorrect administrative assessments thrust upon men by the CSA (Child Support Agency). Again these men may not have the resources or support to challenge the CSA beast through to the FMC, and in some cases may not have the funds available to meet the assessment. There are a lot of cases of successful applications from the SSAT to the Federal Magistartes Court, success achieved  because the CSA have been found by the FMC to have made errors in law - yes the CSA make errors in law  !!

Some men are disenfranchised by the 'system' from maintaining a meaningful realtionship with their children - watch  out for some of the heart rendering posts on here. And it is not the the mother who suffers, invariably she's getting 'off' on the petty and immature retribution, as she sees it (either because of ingrained capacity constraints or more sinister motivations),  but it is the children who suffer. Have we learned nothing in this country from the damage and harm wrought upon children denied of their parenatal relationships? The lessons of the Stolen Generation ought to be echoing audibly through every Court room and office of the CSA in this country.

So I would seek further legal  advice and suggest you seek out the position of the Father of these children. And perhaps if the children  are old enough to form a mature and informed view  on the issue, then seek this out. But I  would be careful as to the weight be given to any view expressed by them  unless it is expressed  to an independent third party counsellor so that the children do not feel any burden in relation  to any view which they might wish to express.
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