Domestic and family violence, child support and ‘the exemption’

Abstract

Separation is recognized as elevating the risk of serious harm or death for a woman leaving domestic and family violence (DFV). When a couple separate, the party who has the majority care of the couple's children is generally required to seek child support from the other parent. Child support can play an important role in helping mothers escaping violence with their children to manage the financial demands of parenting post separation. However, a mother's claim for child support may also exacerbate other forms of DFV. It is possible for the mother to seek an exemption from receiving child support where there is a history of DFV. While exemption from pursuing child support for women leaving DFV may be helpful to them, there has been little investigation of this issue. This article draws on a qualitative study involving interviews with 65 women who have separated after DFV to explore their experience of engaging with legal systems in response to DFV. Of this group 25 women discussed the child support system and eight discussed the exemption from pursuing child support payments. Our paper discusses alternative approaches to child support and, in particular, alternative approaches to the exemption that might improve the safety of those who have experienced DFV.