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What are the disadvantages of registering a property in my child’s name in Australia?

Registering a property in your child’s name in Australia can have several disadvantages and considerations that you should be aware of before making such a decision. Here are some key disadvantages:

  1. Legal and Financial Control:
    • Limited Control: Once the property is registered in your child’s name, you lose direct control over it. Your child, upon reaching legal age, can make decisions regarding the property without your consent.
    • Potential for Disputes: If there are disagreements in the future between you and your child, resolving issues related to the property could become challenging.
  2. Tax Implications:
    • Capital Gains Tax (CGT): When the property is eventually sold, CGT may apply. If your child is not living in the property and it’s not their primary residence, they may not be eligible for certain CGT exemptions or discounts that owner-occupiers enjoy.
    • Land Tax: Depending on the state or territory, additional land tax could apply to the property once it is transferred to your child’s name.
  3. Impact on Financial Aid Eligibility:
    • Student Financial Aid: If your child is studying and applies for student financial aid or government benefits, owning property could affect their eligibility, especially if the property is income-producing.
  4. Loss of Eligibility for First Home Owner Grants:
    • Grant Eligibility: If your child eventually wants to purchase their own home, having property already registered in their name might disqualify them from certain first home owner grants or concessions.
  5. Family Law Considerations:
    • Divorce or Separation: In the event of your child’s divorce or separation, the property could potentially be considered part of their marital assets, subject to division in a property settlement.
  6. Estate Planning Challenges:
    • Inheritance Considerations: If the property is intended as part of your estate planning, transferring it to your child’s name directly might complicate the distribution of your assets among multiple beneficiaries.
  7. Potential Legal and Financial Risks:
    • Liability: Your child could potentially face liability issues related to the property, such as accidents occurring on the premises or disputes with tenants if it’s an investment property.

Recommendations:

  • Legal Advice: Before transferring any property to your child’s name, consult with a qualified property lawyer or conveyancer to understand the legal implications and ensure that your decision aligns with your long-term goals and circumstances.
  • Financial Planning: Discuss the financial implications, including tax considerations and potential impacts on your child’s financial future, with a financial advisor.
  • Open Communication: Have open and transparent discussions with your child about the reasons behind the property transfer and ensure they understand the responsibilities and implications associated with property ownership.

By carefully considering these factors and seeking professional advice, you can make an informed decision that best suits your family’s situation and long-term objectives.

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8 September 2021
MELBOURNE
A KELLY
Highlights
The text states that the reasons for judgment explain why an amended application has been made to the Superior Court of California to discharge certain orders made in March 2014. The orders determined that the applicant father was liable for the payment of child support for two children of the parties’ relationship, Ms B, born in 2000 and X born in 2006 and spousal support for the respondent mother. The respondent mother was also made liable to support the parties' child, Mr C born in 1996, he living in Australia. In contrast with the laws in Australia, where a wilful neglect or refusal to provide support may engage powers of arrest and attract sanctions including detention, imprisonment and the imposition of parole, in the United States historically a wilful neglect or refusal to provide support attracted criminal sanctions. More recently, enforcement in the United States has changed as enforcement focus has shifted towards seeking remedies through civil law processes such as divorce or child custody proceedings. The resolution of the issues arising for determination turn upon the Family Law Act 1975 (Cth), Child Support (Registration and Collection) Act 1988 (Cth) (Registration & Collection Act), Child Support (Assessment) Act 1989 (Cth) (Assessment Act) and regulations thereunder respectively as may authorise this Court to discharge or vary an order of a reciprocating jurisdiction and grant ancillary relief. Consideration is also required of the scope and operation of certain international conventions and agreements which are relevant because the respondent contends that the applicant is prevented from seeking relief in this Court to discharge an order of the Superior Court of California but is not prevented from doing so in California by virtue of his Australian citizenship.
Judgment
This is a judgment from the Federal Circuit and Family Court of Australia. The text states that pursuant to ss 202-203 of the Federal Circuit and Family Court of Australia Act 2021 (Cth), direct that the parties be allowed to appear and to make submissions before the Court by video and audio link. Pursuant to reg 4(1) of the Family Law Regulations 1984 (Cth), compliance with any requirement to register the order made on 17 March 2014 in the Superior Court of California (FAMMS Case No ...) (2014 Order), be dispensed with. Pursuant to reg 36 of the Family Law Regulations 1984 (Cth), in relation to spousal support fixed in the sum of USD $500 per month as payable by the applicant to the respondent, liability for which is now entered upon the Child Support Register maintained pursuant to the Child Support (Registration & Collection) Act 1988 (Cth), with effect from 5 February 2020 (reference ...), be varied from USD $500 per month to AUD $250 per month with effect from November 2014 and that this order cease to be operative as and from 17 March 2022.
Legislation
1.Australian Constitution (Cth), ss 1, 51, 58, 61 Child Support (Assessment) Act 1989 (Cth), ss 3, 4, 12, 18, 24, 29B, 66, 116 Child Support (Registration and Collection) Act 1988
2.(Cth), ss 4, 10, 13, 17, 18, 18A, 19, 25, 25A, 25B, 26, 28, 30, 31, 35, 37, 37B, 42C, 43, 45, 47, 49, 50, 64, 69B, 70, 73, 74, 75, 76, 79A, 80, 105, 110W, 111A, 111B, 111C, 111E, 116, 124 Family Law Act 1975 (Cth), ss 4, 38, 39, 42, 43, 60B, 60F, 66B, 66C, 66E, 66G, 66H, 66I, 66J, 66K, 66P, 66S, 66T, 66W, 67D, 67E, 69C, 69E, 69H, 70G, 70F, 72, 74, 75, 80, 81, 83, 103, 110, 110A, 111, 111A, 111AB, 124A Federal Circuit and Family Court of Australia Act 2021
3.(Cth), s 5 Federal Circuit Court of Australia Act 1999 (Cth), s 3 Child Support (Registration and Collection) Regulations 2018 (Cth), regs 10, 12, 24A, 25, 28, Sch 2 Family Law Amendment Regulations 2000 (No. 2) (Cth) Sch 1 Item 19 Family Law Regulations 1984 (Cth), regs 4, 5, 6, 12CC, 12D, 14, 17, 23, 24, 24A, 25, 28, 28B, 28C, 28D, 28E, 29, 29A, 29B, 30, 31, 33, 34, 36, 37, 38, 39B, 39BA, 47, 48, 50, 50A, 56, 67Q, Schs 1A, 2, 3, 4, 4A Family Law Rules 2004 (Cth), rr 20.01, 20.02, 23.01, 23.01A, 23.01B, 23.02 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth), rr 11.01, 11.02, 15.08, 15.09, 15.10, 15.11
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