In Australia, spousal maintenance falls in the purview of the Family Law Act. With the help of a family lawyer Perth one former partner agrees to pay financial support to the other. Spousal maintenance and child support both count in family law whether you were married or in a de facto relationship. Where spousal maintenance is financial support for the ex-partner, child support is about protecting children involved making sure they are healthy and well provided for financially.
A closer look at spousal maintenance
When you are facing the end of your relationship you need to make adjustments to how you live your life. Things are different, and there are additional pressures potentially for at least one partner now having to live on one income, or having no income at all. There are a lot of questions a person might have about spousal maintenance:
- The duration of payments
- Who will receive the payments
- What happens payments cannot be afforded
- If payments are really needed
- What the risks are if you stop payments
- And more
Your expert family lawyers Perth can help answer some of these questions and help you understand your obligations and your rights.
Spousal maintenance overview
- Spousal maintenance is only applicable if one party cannot support themselves after the split, and the other party can afford to pay
- When property settlement terms are known then maintenance payments are looked into
- Payments are not necessarily permanent, there is usually a specified payment time plan that is based on when the party receiving the payments can financially support themselves once more
- There are times when payments are permanent but it is not the norm for every case.
- With a family lawyer Perth you do not have to go to court to reach an agreement, but if you do go to court you will need evidence about needs and income
- There is a range of things the court looks at when making their decision including health, age, and what standard of living is suitable
- Maintenance payments are in consideration only after the party paying them has their own reasonable living expenses taken into account
An outline of child support in Australia
The process of working out what each parent’s contribution is going to be to each of their children’s raising, after a divorce or separation, is child support. Typically it comes in a mix of options such as;
- Payments in a lump sum
- Periodic payments
- Arrangements of property settlement
- Expenses being paid
How much each parent must pay depends on a complex formula and is affected by a number of factors. Family lawyers Perth can help guide you through this process. Reach out to a team of experts and they can help you understand not just what your legal rights are, but also what your legal responsibilities are.
