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Spousal, De Facto & Child Maintenance

Did you know that you may be entitled to spousal maintenance?

This also applies to de facto relationships where one of the parties can demonstrate that they cannot support themselves. There are certain criteria that the Court looks at when determining your eligibility:

  • Your age and health requirements (if any)
  • Any property or assets
  • Your capacity to work and earn money in the future
  • If the relationship has affected your ability to earn money or support yourself financially
  • A general standard of living
  • If any children are and remain in your care and if there are any children over 18 that require additional support from a disability or health issue.

These are generally outlined in Consent Orders and payment can be required for a set period of time or indefinitely (or until the Court Orders are changed).

Child Maintenance

What happens when the child is 18 + years and child support no longer applies?

In general, children’s financial entitlements are assessed through the Child Support legislation. However, there may be circumstances where you and your children need additional financial support.

Your child may be about to embark on University studies, or experience certain disabilities that require you to pay additional costs and limit your capacity to work.

There are also other people that can apply for Child Maintenance:

  • A parent
  • The child
  • Grandparents

There are also certain situations where other parties can apply if they are responsible for the child’s welfare and development.

Parenting does not stop as the children become older, and their financial needs can be less of a burden with cooperation from all parties. You need the best advice in order to proceed to ensure your child’s growth and transition to adulthood and independence is as smooth as possible.

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