Matrimonial (Type 20) client files - Family Maintenance Branch (GRS/6634)

The services of what was to become the Family Maintenance Branch in Family and Youth Services, Department of Human Services, originated in the passing of the first maintenance laws in the Destitute Persons Relief Act, 1842 - 1843. The Act affirmed that 'near relatives' were responsible for the support of people in need. This position was re-affirmed in later Acts and extended by the 1866 Act to the payment by parents of maintenance for children in the care of the State. This service was unique to South Australia. The increasing cost of pensions and benefits paid by the Commonwealth Government, brought about a need for an effective maintenance service that applied to the whole of the country, and not just to one State.

The work of the Branch was transferred in 2002 to the Legal Services Commission, community legal centres, and the Child Support Agency, which ws established by the Commonwealth Government in 1988 to administer its Child Support Scheme. The Child Support Agency progressively took over the collection and enforcement role of the Family Maintenance Branch, which continued to provide a service for pre-1989 cases and for adult children, until the diminishing number of cases made the service unsustainable and led to the closure of the Branch.

The Matrimonial (Type 20) files relate to parties who were married, and document the maintenance of a spouse or the children of the marriage. They may include legal maintenance agreements, documents relating to the representation of clients, and details of the management of overseas maintenance orders.

The files contain proof of paternity of children, and may identify carer parents in cases where liable parents made applications to vary existing maintenance agreements or court orders because of a deterioration of their financial circumstances.

Custodian parents obtained financial support for their children from their non-custodial parents. In some cases, maintenance was required for children after they attained 18 years of age, while they were undertaking tertiary studies. Assistance was also provided to carer parents in cases where the non-custodial parent had moved to an overseas country. Reciprocal arrangements were made with many overseas countries to enable carer parents to proceed with applications under the Family Law Act, and the applications were dealt with under the provisions of maintenance. In many cases, consideration had to be given to the circumstances of liable parents who had remarried and had additional family responsibilities. Court proceedings were taken as a last resort.

Earlier Type 20 files may also be found in GRG29/139.

Recordkeeping system: Two-tiered number, but archived alphabetically by surname.