Things To Know About Spousal Maintenance

Things to Know About Spousal maintenance

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Aussiedivorce

In reality, divorce does not totally sever the husband-wife relationship; instead, Divorce gives rise to another form of commitment by one spouse towards the other spouse and children. Once the Court ordered the severance of the marital union, it follows that the Court will have to go over the Petition for Child Custody and Claims for Spousal maintenance .

Who may file for spousal maintenance ?

Once an Australian Court decreed for divorce, the spouses are now entitled to live separately. However, as a matter of public policy, the parties are bound to comply with their moral obligation to care and support their children born during the marriage. In addition, the one spouse has to provide for financial support to the most disadvantage spouse. The claim must be filed within the period of 12 months from issuance of Divorce

Decree or Order for Legal Separation.

In addition, effective March 2009, the Family Law Act or Act 1975 was amended recognizing the right of spouses of de facto relationship to file for de facto financial order before the Family Court or Federal Magistrates Court in the same way as married couples. However, the partners who may be of the same or opposite sex must have lived together as legitimate domestic partners for at least two years. The claim must be filed within the period of 24 months from separation.

What is included in the determination of spousal maintenance?

Act 1975 provides for the procedure and requirement in filing a claim for spousal support. The procedure is the same for married couple who obtained a decree on divorce and de facto relationships.

The law provides that the court will decide taking into consideration the following information:

The age and health of the parties;

The ability of the parties to earn a living;

The standard of living of parties;

The party in custody of children,

Modification of spousal support

Normally, when the court finds the spouse is entitled for support, the amount is fixed which may be paid weekly, monthly, semi annually or in lump sum at the election of the court. Further, under Section 18(1) of the Registration and Collection Act, the spousal maintenance order is a registrable maintenance liability.

Generally, spousal maintenance orders remains effective and enforceable until certain conditions are met that will terminate the efficacy of the spousal support. Likewise, modification and changes to spousal order for support may be allowed when the following circumstances are present:

A substantial change in the earning capacity of the paying spouse, showing the inability of the paying spouse to support the other spouse;

Improved earning capacity of the receiving spouse;

remarriage or death of one of the parties;

changes in child care responsibilities;

If you wish to seek further advice in relation to your prospects of retaining the former matrimonial home at the conclusion of a property settlement, please do not hesitate to contact one of our lawyers.

If you wish to seek further advice in relation to your prospects of retaining the former matrimonial home at the conclusion of a property settlement, contact one of our lawyers.family lawyers Sydney, de facto relationships,family lawyers perthArticle Source: Things to Know About Spousal maintenance