Spousal Maintenance
Spouse maintenance is financial support paid by a party to a marriage to their husband or wife (or their former husband or wife) in circumstances where they are unable to adequately support themselves.
De facto spouse maintenance is financial support paid by a party to a de facto relationship that has broken down to their former de facto partner in circumstances where they are unable to adequately support themselves.
The Family Court or Federal Magistrates Court can deal with spouse maintenance applications. If you are seeking de facto spouse maintenance, you need to meet certain criteria. See 'What about de facto partners?' below for more information.
Under the Family Law Act, a person has a responsibility to financially assist their spouse or former de facto partner, if that person cannot meet their own reasonable expenses from their personal income or assets.
Where the need exists, both parties have an equal duty to support and maintain each other as far as they can. This obligation can continue even after separation and divorce. The extent of the support depends on what the other party can afford to pay.
What does a court consider when deciding maintenance?
Maintenance is not automatic. In deciding a maintenance application, a court considers the needs of an applicant and the respondent's capacity to pay. A court considers the following about both of you:
- your age and health
- your income, property, and financial resources
- your ability to work
- what is a suitable standard of living,
- if the marriage has affected your ability to earn an income.
- A court also takes into account with whom the children (under 18 years of age or adult children who are disabled) live.
What about defacto partners?
If you have been in a de facto relationship and are considering making an application to the Court for maintenance orders, please complete your free legal enquiry form to be put in contact with a specialist family lawyer.
If you would like legal help and please complete your free legal enquiry form on the left, or click here.
If you live in Western Australia the law may be different. For more information visit the Family Court of Western Australia's website www.familycourt.wa.gov.au.
What if you start a new relationship?
You are not entitled to maintenance if you marry another person. If you start a new de facto relationship the court will have regard to the financial relationship between you and your new de facto partner when considering whether you are able to support yourself adequately.
Is there a time limit for applications for spouse maintenance?
Applications for spouse maintenance if you are a party to a marriage must be made within 12 months of your divorce becoming final.
Applications for de facto spouse maintenance must be made within 2 years of the breakdown of your de facto relationship.
If you do not apply within these time limits, you will need special permission of a court. This is not always granted.
If you would like legal help and please complete your free legal enquiry form on the left, or click here.
Do you have a legal issue regarding family law and relationships?
If so, then you need help from a specialist family lawyer.
To seek legal advice and assistance from a specialist family lawyer regarding your particular legal situation, please complete your FREE legal enquiry form on the left, or click here.
We cover all aspects of Family Law & Relationships including:
Divorce, Separation and Breakdown of Relationships
Applying for a Divorce
Financial Arrangements following Divorce
Separation Agreements following Marriage Breakdown
Children - Contact, Residence and Child Support and Maintenance
Declarations of Trust and Property Ownership
Prenuptial Agreements
Post-nuptial Agreements
Property Relationships Agreements
Cohabitation Agreements and Cohabitation Disputes
International Family Law
Financial Agreements, Property Ownership Disputes & Consent Orders
Child Abduction
Adoption and the Law
Surrogacy and the Law
Dispute Resolution and Mediation
Domestic Violence
Property and Finances after Separation
Spousal Maintenance
Parental Responsibility Agreements - Parenting Arrangements
Child Support
Superannuation after Separation and Divorce
Same-Sex Relationships and the Law
We also cover all Other family law and legal relationship issues including:
- Resolving problems with your relationship
- Counselling and other support for your relationship
- Domestic violence: protecting yourself and getting help
- Ending a marriage or civil partnership
- Planning and getting a divorce
- Ending a civil partnership
- Legal separation
- Money, property and possessions when your relationship ends
- If you’re ending a marriage or civil partnership
- If you’re not married or in a civil partnership
- Financial planning when your relationship ends
- Working out money and property using financial orders - 'ancillary relief'
- Looking after children if you divorce or separate
- Looking after children if your relationship ends
- Children, divorce, separation and courts
Relationship breakdowns can affect our health. You may feel a range of powerful emotions, such as fear or uncertainty for the future, anger at your partner or yourself, sadness at the end of a phase of life, loneliness and isolation and often a sense of failure. It can be difficult to adjust to your new circumstances and this can impact on your mental health.
Worrying about the impact of relationship breakdown, separation and divorce on children can add to the stress of the situation.
There are a range of services available which provide assistance and support to those experiencing relationship breakdown, separation and divorce. Family Relationship Centres are a first port of call for families seeking help. Through information and referral, the centres help families strengthen relationships and deal with relationship difficulties.
Changes to Australia's family law system introduced since July 2006 means that individuals wanting to apply to the court for a parenting order must first attempt family dispute resolution if appropriate. If family dispute resolution is not appropriate or an agreement not reached then a certificate can be obtained from a registered family dispute resolution practitioner confirming an attempt at family dispute resolution was made.
Note: There are some exceptions to this requirement, such as cases involving family violence or child abuse.
Family Relationship centres can also refer individuals, couples and families to a range of other helpful services to enhance family relationships.
To seek legal help from a specialist family lawyer, please complete your Free Legal enquiry form.
Maintenance
Spouse maintenance
is financial support paid by a party to a marriage to their husband or wife (or their former husband or wife) in circumstances where they are ..
Spousal maintenance - Legal Aid Queensland
What is spousal maintenance? This is a responsibility you or your ex-partner might have to financially support (maintain) the other person after ..
Maintenance income test - Centrelink
Jump to : For Family Tax Benefit Part A purposes, spousal maintenance means financial support ..
My family is separating — what now? | Spousal Maintenance
For couples who were married, spousal maintenance is not automatic and is often considered as part of an overall financial settlement. If you are unable to meet ..
Child Support Agency: The Guide | 3.1.5: Spousal and de facto ..
This is called spousal maintenance. A court may also order a person to pay maintenance to a de facto partner, or former de facto partner.
Spousal support - Publications Australian Institute of Family ..
by J Behrens - - Spousal support in Australia: a study of incidence and attitudes, by Juliet Behrens and Bruce Smyth, Working paper no. 16 1999.
SPOUSAL MAINTENANCE - Law Handbook
A spouse does not automatically get maintenance payments from the other spouse. A separated woman or man who is not caring for children ..
4.3.9.10 Income from Maintenance , Property Settlements & Life ..
Spousal maintenance
is money (or in kind payment) made to a former partner following a divorce or separation. It does not include payments for dependent ..
Maintenance applications
discharged. Maintenance is money which a person pays to help financially support his or her former spouse (known as spousal maintenance) or children (child ..
Maintenance income test - Centrelink
The Maintenance Income Test applies if you or your partner receive or are entitled to receive child support or spousal maintenance, and you ..
Law Handbook - property, family law
Under the Family Law Act, parties can make enforceable agreements about: • care of their children. • division of their property. • spouse maintenance payments ..
Application for Consent Orders kit - Financial orders legislation ..
Section 74 – powers of court in spousal maintenance proceedings • Section 75 – matters to be taken into consideration in relation to spousal maintenance ..
Lawlink NSW: 8. Partner maintenance
8.1 The Property (Relationships) Act 1984 (NSW) ("the PRA") creates a limited entitlement to partner or spousal maintenance. In this chapter ..
Family Law Courts Homepage
How to divide property and assets, including spousal maintenance and superannuation. Appeals When, where and how to appeal against a court decision.
3.1.7.13 Capitalised Maintenance
and the maintenance is spousal maintenance and the payee is less than 65 years old when the payment was received,. the period beginning on the day the ..
De Facto Relationships - Property and Maintenance Factsheet
Couples who have obtained final court orders about their property or for payment of spousal maintenance under a State or Territory law cannot ..
3.1.5.10 Summary of the Maintenance Action Test
For FTB purposes, maintenance refers to both spousal maintenance and child maintenance. Child support refers only to child maintenance. For the purposes of ..
3.2.7 Deductible Child Maintenance Expenditure
It does not include spousal maintenance. Act reference: FAAct schedule 3 clause 8(2) Adjusted Taxable Income - Child maintenance expenditure, section ..
Family Law Courts - Property and Money Matters
Spousal maintenance
. When one person pays towards the financial support of their husband or wife or de facto partner (or former husband or wife or de facto ..
Financial orders (other than child maintenance)
- Section 74 – powers of court in spousal maintenance proceedings. · Section 75 – matters to be taken into consideration in relation to spousal maintenance ..
Page 1 Page 2 ¿A Legal Aid Manual Legal Aid Western Austfaüa ..
GUIDELINE 6 _ SPOUSAL- MAINTENANCE UNDER THE FAMILY LAW ACT 1915 .. 6_1 ASSISTANCE POR APPLICATIONS FOR SPOUSAL MAINTENANCE .
Magistrates' Court of Victoria - Family Law
Child and spousal maintenance; Contact and residence orders; Registration and enforcement of interstate and overseas maintenance orders.
Two year time requirement - property disputes
Property disputes and spousal maintenance In the area of property disputes and spousal maintenance on the breakdown of a relationship, a de ..
find LEGAL answers - Family Law and Relationships Family law ..
Title: Property and money matters - making financial orders, spousal maintenance, child support, superannuation, bankruptcy. About ..
Child Support Agency: The Guide | 3.1.6: Court-registered ..
The Registration and Collection Act provides that court registered agreements for spousal maintenance (section 18) and child maintenance (section 17(1)) are ..
Protecting your property
The bankruptcy of a person involved in a family law property or spousal maintenance case can now be dealt with in all the family law courts.
Family Court of Australia - First Instance Judgments
FAMILY LAW - SPOUSAL MAINTENANCE. Pascot & Pascot [2011] FamCA 945 – 21/12/2011 - View PDF. FAMILY LAW - PROPERTY SETTLEMENT - Financial ..
If you agree about property and money
transfer or sale of property; splitting of superannuation,; maintenance. Consent orders cannot be made about: property and spousal maintenance between de ..
Child Support Matters | Child Support Agency
Family separation can be a difficult time, and it's important to know the difference between child support and spousal maintenance, and your entitlements.
PROPERTY SETTLEMENT FOR MARRIED COUPLES
It can overturn transactions designed to defeat claims for property settlement or spousal maintenance, such as where a spouse has disposed of ..
Canada | Child Support Agency
Under Australian law CSA can collect child support and or spousal maintenance on behalf of the other parent in Canada. A parent receiving child care payments ..
Spousal support - Publications - Australian Institute of Family ..
Summary page about Spousal support in Australia: a study of incidence and attitudes, by Juliet Behrens and Bruce Smyth, Working paper no. 16 1999.
10. Partner maintenance - Lawlink NSW
10.19 The majority support for spousal maintenance is not matched by its .. The AIFS study found that spousal maintenance is awarded in less ..
Child Support Agency: The Guide | 2.6.15: Reason 9 - the duty to ..
A person may have a legal duty to maintain a spouse or de-facto partner if the spouse or partner is unable to adequately support themselves by ..
My family is separating — what now? | Going To Court
The law governing families, children, property disputes, spousal maintenance, child support, separation and divorce is set out in the Family Law Act 1975.
United Kingdom | Child Support Agency
Under Australian law CSA can collect child support and or spousal maintenance on behalf of the other parent in the UK. A parent receiving child care payments ..
Factsheets Index
Victims Support Services - Information for victims of crime, focusing on .. Court, child support and spousal maintenance, link to Family Court.
Submission on Property and Family Law - Options for Change
by FL Council - 75(2)) to be set out as part of the property provisions, rather than in a section relevant both to spouse maintenance and property adjustment.
The Bankruptcy and Family Law Legislation Amendment Act 2005 ..
The trustee will be joined as a party to property or spousal maintenance proceedings under the Family Law Act 1975 where: • a party to those ..
International family law and the child
International Parental Child Abduction; International Child and Spousal Maintenance; International Child Protection; Intercountry Adoption ..
1.1.M.10 Maintenance (FTB)
partner (spousal) maintenance - the amount of a payment or the value of a benefit that is received by the individual for the individual's own maintenance and is ..
Child Support Agency: The Guide | 5.2.11: Departure prohibition ..
(but not a spousal maintenance liability). AND; the liability is a debt due to the Commonwealth under section 30 of the Registration and ..
Property settlement
failure to disclose information and the impracticality of the order. Legal advice should be sought about this process. Spousal maintenance. If you were married, ..
Family Court of Australia - Harris & Harris [2011] FamCAFC 245 – 22 ..
FAMILY LAW – APPEAL – SPOUSAL MAINTENANCE – Whether the trial Judge erred in dealing with the wife's application under s 44(3) to ..
Separation - what it means
If you were married and you want the court to make an order you must apply for a property settlement and/or spousal maintenance within 12 ..
Child Support Agency: The Guide | 3.2.1: Periodic amounts payable ..
A registrable maintenance liability must be either a liability to pay a periodic amount of maintenance for a child or a spouse, or a parentage overpayment order.
CHILD SUPPORT, MAINTENANCE OF SPOUSE, PROPERTY ..
Child support - Spousal maintenance. Legislation: Family Law Act 1975 - s77A and s79. Child Support (Assessment) Act 1989 - s117. Category: Not Reportable ..
Child Support Agency: The Guide | 1.5.1: Australia's international ..
The Guide - CSA's online guide to the administration of the new child support ... in Australia for most overseas child support and spousal maintenance matters.
4.3.2.30 Income Exempt from Assessment - Legislated
Exception: Spousal maintenance is not ordinary income (1.1.O.30) but is included as income for some purposes. Example: For family payment purposes.
Relocation and travel
A consent order can cover parenting arrangements for children (parenting orders) as well as financial arrangements* such as property and spousal maintenance ..
Family Law - Property Factsheet
You may be entitled to spousal maintenance from your partner if you can show the need for financial support and the ability of the other person ..
De facto
..
married couples can, the Family Court of Australia and the Federal Magistrates Court (the Family Law Courts) for property and spousal maintenance matters.
2. The Evolution of the Child Support Scheme
The Child Support Scheme grew out of concerns about the poverty of .. for the collection of periodic child and spousal maintenance, and the ..
Chapter 5 - Your income and assets
For example, you must tell us if you vary your spousal maintenance agreement, or cease paying an accommodation bond by periodic payments ..
Family Court of Australia - Full Court (Appeals) Judgments
FAMILY LAW – APPEAL – SPOUSAL MAINTENANCE – Whether the trial Judge erred in dealing with the wife's application under s 44(3) to institute spousal ..
LEGAL PROFESSION ADMISSION BOARD EXAMINATIONS ..
Part (a) involved advice in relation to a potential claim for spousal maintenance. This question was reasonably well answered, although the range of answers ..
New Zealand | Child Support Agency
Under Australian law CSA can collect child support and or spousal maintenance on behalf of the other parent in New Zealand. A parent receiving child care ..
United States of America | Child Support Agency
Under Australian law CSA can collect child support and or spousal maintenance on behalf of the other parent in the US. A parent receiving child care payments ..
Report 32
2 Two Child and Spousal Maintenance Treaties..........................5 ... Zealand on Child and Spousal Maintenance, and recommends that binding ..
Glossary
Spousal maintenance
. One spouse provides the other spouse with periodic living expenses or a lump sum if they are unable to support themselves adequately.
Where one parent lives overseas
The Child Support Agency can help parents with child support assessments, court ordered child maintenance and spousal maintenance where ..
Form: Notifying the Child Support Agency about Court Orders and ..
support or spousal maintenance and you are unable to phone. Child Support Agency (CSA) to lodge your details. CSA will require a copy of your Court Order or ..
Guide to income you must declare - Australian Taxation Office
.. non-assessable non-exempt income or other amounts that you do not pay tax on, such as most child support and spouse maintenance ..
De facto couples and the law - Family Matters - Journal article ..
In relation to 'spousal' maintenance, the Act states specifically that there is no general right to support. However, it allows that in limited circumstances an order ..
Application for Final Orders
- Spouse maintenance – financial support for a spouse. .. about the care arrangements for their children, the division of property or spouse maintenance.
FAMILY COURT OF AUSTRALIA SEGAN & BACHRICH [2011 ..
to support herself without spousal maintenance – "Just cause" established – .. of interim spousal maintenance order and arrears to the date to which they are ..
Child Support Agency: The Guide | 5.4.5: Bankruptcy
In addition, a bankrupt is not released from child support or child or spousal maintenance arrears on discharge from bankruptcy (section ..
13 FAMILY LAW 13.1 Introduction Family relations can be complex ..
between the separate parties), and usually relate to child support and spousal maintenance, which is less common. There will also be a division of matrimonial ..
CHILDREN\Contact, MAINTENANCE OF SPOUSE, PROPERTY ..
PROPERTY - property settlement - contributions - spousal maintenance. CONTACT - joint or sole responsibility for long-term care, welfare and development ..
My family is separating — what now? | Legal Advice
The law requires separating families who have a dispute about parenting arrangements, property settlements or spousal maintenance to make a genuine effort ..
Inmagic DB/Text WebPublisher PRO: 99 records
Guideline 6 - Spousal maintenance under the Family Law Act 1975 or the Family Court .. Guideline 7 - Arrears of spousal or child maintenance or child support ..
Parents in same sex couples | Child Support Agency
This Act means that de facto couples (regardless of sex) will be able to obtain a Spousal Maintenance Order and register that order with the Child Support ..
13. Child Support Agreements
The law on child support agreements stands in marked contrast to the family law rules on agreements concerning property division and spousal ..
4. The Interaction of Child Support with Government Payments to ..
For family assistance purposes, maintenance payments (which can be child support and/or partner [spousal] maintenance) are assessed ..
Property division when de facto relationships break down
The new laws bring separating de facto couples, on the division of property and the payment of spouse maintenance, within the federal family ..
Child Support Agency: The Guide | 1.2.1: Amendments to the ..
From 1 June 1988 CSA could register, collect and enforce court orders and court registered agreements for child support and spousal maintenance.
Family Law Act 1975
Section 72 - right of spouse to maintenance. FAMILY LAW ACT 1975 .. Section 74 - powers of court in spousal maintenance proceedings. FAMILY LAW ACT ..
1.1.M.15 Maintenance agreement (FTB)
Note: This definition now generally only covers spousal maintenance. If the maintenance is for a child, and the applicant could make a child support application ..
Child Support Agency: The Guide | 3.6.1: Registrable Overseas ..
CSA can register certain overseas child maintenance liabilities and spousal maintenance liabilities for collection. The following are registrable overseas ..
Financial matters - Dividing property - married couples
Financial agreements may also allow for spousal maintenance to be paid if a .. Spousal maintenance is only given if one person can financially ..
Enlarging the Asset Pool - Adding Back Notional Assets
This included the ordered $102000 as well as additional spousal maintenance. The husband conceded the wife should have $60000 as a notional allowance ..
Child Support Bill 1987 explanatory memorandum
periodic child and/or spousal maintenance payable under court orders and .. spousal support obligations, created by court orders or agreements, on to the Child ..
Child Support Legislation Amendment Bill 2000 (Bills Digest 141 ..
The Family Law Act 1975 also provides for spousal maintenance. As well as indicating what factors courts and administrative authorities must look to when ..
Child Support Agency: The Guide | 5.2.6: Collection from Family Tax ..
Nor can CSA recover child support debts (or child support related debts) of the following types from a payer's Family Tax Benefit: spousal maintenance ..
4. A new child support formula for Australia
They also have the power to award spousal maintenance in appropriate cases. Certain powers to alter interests in property and to award ..
Child Support Agency: The Guide | 5.2.10: Collection from parental ..
CSA can collect a payer's child support and spousal maintenance payments by making deductions from parental leave pay payable to that ..
Social Change in Australian Families
registered agreements for child support and spousal maintenance. The second commenced on 1 October 1989 and enables the CSA to assess child support ..
Agreement between Australia and the United States of America for ..
enforce child support and spousal maintenance liabilities. It will benefit. Australian children and their parents by facilitating these categories of payments. 3.2 ..
Relationships - breakdown - Applying for divorce
Important: If you wish to deal with any property or spousal maintenance issues with your former spouse through the family court you must ..
My family is separating — what now? | Legal Support
Support for mums · Family violence support · Are your children at risk? Child abuse · Family .. Superannuation · Wills and Estates · Spousal maintenance ..
Dependent spouse, parent or invalid relative tax offset
Taxpayers who maintain an invalid or permanently disabled spouse, support a carer or who are eligible for the zone, overseas forces or the ..
7. Principles for a New Child Support Formula
As a consequence, to achieve this aim, it is necessary for child support to have a component of 'spousal support' built into it, as the ex-spouse's ..
FAMILY COURT OF AUSTRALIA CANTANOR & BEIDENHOPE ..
had commenced for divorce, property division and spousal maintenance in the .. spousal maintenance that he has commenced in the Netherlands. 4. The wife ..
FAMILY LAW COUNCIL
CHAPTER 12: THE ROLE OF SPOUSAL MAINTENANCE. 124 .. The relationship between property adjustment law and spousal maintenance requires ..
Enlarging the Asset Pool - Adding Back Notional Assets
This included the ordered $102000 as well as additional spousal maintenance. The husband conceded the wife should have $60000 as a ..
Child Support Agency: The Guide | 5.3.2: Offsetting debts between ..
(but not a spousal maintenance liability or a registrable overseas maintenance liability). If two child support debts are offset, the payer with the larger debt is ..
Bankruptcy
Trustee can apply to vary spouse maintenance order. The trustee of a party to a marriage or de facto relationship, who is a bankrupt or a debtor subject to a ..
Child Support Agency: The Guide | 3.5.1: Order requiring payment to ..
The terms of the order will make it clear who is entitled to the payments under the order. Example. 'M is to pay F spousal maintenance of $120 per week.' 'F is to ..
Family Matters No 86, 2011 - Publications - Australian Institute of ..
..
about family violence and abuse) being extended to property and spousal maintenance matters. He has also flagged the possibility of extending family dispute ..
LAWASIA Conference
- by JAR AOSpousal maintenance has become enmeshed with matrimonial property proceedings and usually does not survive the final property settlement in the case of a ..
Older People and The Law - online guide - Lawlink Corporate ..
Adjusting property interests; Binding financial agreements; Stamp duty; Spousal maintenance; Grandparents and family law – Parenting Orders ..
Separating from your partner
Spousal maintenance is different from child support: it is money to support you. If your partner does not agree to pay, you will have to apply to the court. Spousal ..
My family is separating — what now? | Support For Dads
Dads in Distress — is a dedicated website and support group for men going through separation. They have an online forum where dads in similar circumstances ..
Child Support Unit
8463 3576 OR 1300 366 424 (Country Callers) The Child Support Unit is part .. Child Support and Maintenance Issues; Spousal Maintenance ..
Property settlement - dividing property after separation
failure to disclose information and the impracticality of the order. Legal advice should be sought about this process. Spousal maintenance. If you were married, ..
FAMILY COURT OF AUSTRALIA HARRIS & HARRIS [2011 ..
Family Law Act 1975 (Cth) to institute proceedings for spousal maintenance be remitted for rehearing. FAMILY LAW – APPEAL – COSTS – Costs of the appeal ..
Income
Income from child support and spousal maintenance - payments of cash (including lump sums) and non-cash amounts you receive for spousal ..
Housing SA Same Address Transfer - Review of Household Income
Spousal Maintenance. SM. Carer's Pension. CP. Superannuation. SUP. Child Disability Allowance. CDA. Totally/Permanently Incapacitated. TPI. Child Support/ ..
Child Support Agency: The Guide | A to Z index
The Guide - CSA's online guide to the administration of the new child support scheme ... spousal maintenance, See 'spousal maintenance agreement' ..
Legislation
..
Law Act 1975 (Commonwealth) covers those married people who want to divorce and make arrangements for children, property and spousal maintenance.
Separating from your partner (Infosheet)
Spousal maintenance is different from child support: it is money to support you. If your partner does not agree to pay, you will have to apply to the court. Spousal ..
Child Support Agency: The Guide | 5.1.3: Date a liability first ..
M notified CSA of a court order for spousal maintenance on 15 July 2009. The court made the order on 16 June 2009, but M did not receive a ..
Child Support Agency: The Guide | 5.2.5: Collection from social ..
CSA can collect a payer's child support debt (other than a debt for spouse maintenance) by making deductions from social security pensions or ..
flcletter
- Council is of the opinion that any extension of the requirement to attend FDR to property and spousal maintenance matters should be subject to a number of ..
Family Relationships Quarterly, Newsletter of the Australian Family ..
The Australian context: When a marriage or a de facto relationship breaks down, either party can apply to the court for the provision of spousal maintenance from ..
My family is separating — what now? | Site Map
Support for mums · Family violence support · Are your children at risk? Child abuse · Family .. Superannuation · Wills and Estates · Spousal maintenance ..
Chapter 7
Spousal Maintenance and Property Settlement. 275. Care and Custody of Aboriginal Children. 276. Aboriginal Child Custody Issues: Guiding Principles. 276 ..
Child Support Review - Taskforce Membership
He has published in the areas of post-separation parental responsibilities, spousal maintenance, pre-nuptial agreements, spousal violence, ..
4.3.9 Income from Other Sources
annuities,; companies,; gifts,; government assistance programs,; insurance policies,; child maintenance,; spousal maintenance,; property settlements, and; trusts.
Financial and Property
transfer or sale of land and other assets; payment of moneys; who is to retain motor vehicles, furniture, etc. superannuation orders, and; spousal maintenance.
Submission - Inquiry into the Family Law Amendment (De Facto ..
WLSA submits that the Family Court is the appropriate institution to resolve all property and spousal maintenance disputes, as opposed to State ..
1.1.C.20 Child support (FTB)
Definition: partner maintenance (spousal maintenance). Partner maintenance is included in the definition of maintenance income. It is defined as the amount of a ..
My family is separating — what now? | Family Law Solicitors
Spousal maintenance
.. Legal Support; Family Law Solicitors .. Advise you about your rights regarding children, maintenance and property. Advise you about ..
FAMiLY LAWYERS
urgent spousal maintenance and injunctive relief applications, it would be of assistance to practitioners to have access to a fixed Court listing day permanently ..
Family Court of Australia - Stanford & Stanford [2012] FamCAFC 1 ..
.. should have considered the possibility of making an order for spousal maintenance – Where it could not reasonably have been found that the ..
find LEGAL answers [Australian family law and practice.. ]
.. nullity of marriage, children and child abduction, parenting plans and consent orders, spousal maintenance, child maintenance, maintenance ..
Child Support Agency: The Guide | 1.1.3: Child support legislation
The Guide - CSA's online guide to the administration of the new child support .. and court-registered agreements for child support and spousal maintenance; ..
Family Matters No. 86, 2011
where there are concerns about family violence and abuse) being extended to property and spousal maintenance matters. He has also flagged the possibility of ..
Changes to the Child Support Scheme for WA ex-nuptial customers ..
CSA can issue a notice to the FAO to deduct child support or spousal maintenance from parental leave payments. For more information about ..
COLLECTION OF CHILD SUPPORT AND MAINTENANCE ..
Parents are required to advise the Child Support Agency in writing of .. Child Maintenance and Spousal Maintenance can be registered for ..
DE FACTO RELATIONSHIPS (opposite-sex and same-sex)
In the area of property disputes and spousal maintenance on the breakdown of a relationship, a de facto relationship must generally have ..
Amounts that you do not pay tax on
Defence Force income support allowance (DFISA) payable to you on a day .. the partner (excluding the non-illness separated spouse of a ..
PART VII
Spousal Maintenance and Property Settlement. 338. Care and Custody of .. causes (property, child support and spousal maintenance disputes) and the custody ..
Which court?
parenting orders for children; child support or other issues arising regarding .. applications concerning spousal maintenance; property disputes ..
Law and social change - Article - Australian Institute of Family ..
by C Caruana - - property adjustments and (in some cases) spousal maintenance for de facto couples. New South Wales took the lead in 1984 with the passage of the De Facto ..
Marital property - Research paper - Australian Institute of Family ..
by G Sheehan - - In particular, minor amendments are planned that will clarify the factors to be considered in property and spousal maintenance proceedings. The s 75 (2) ..
Family Law Legislation Amendment (Superannuation) Bill 2000 ..
Decisions about a couple's property and spousal maintenance may be made in a number of ways. Couples may make their own informal arrangements, register ..
My family is separating — what now? | Child Support
Spousal maintenance
.. Child support is the money paid between parents for the financial wellbeing of their children after separation. The Child Support Scheme aims to balance the interests of both parents and focus on the needs and costs ..
CHILD SUPPORT (ADOPTION OF LAWS) AMENDMENT BILL 2009
child, as well as the collection and distribution of other maintenance payments including spousal maintenance. The Bill will adopt recent changes as well as ..
My family is separating — what now? | How Child Support Is ..
Family violence support .. Spousal maintenance .. The Child Support Agency will make an assessment for your child support based on a legislative formula.
Debtor's Petition
6. Family Law Financial Proceedings. Have you been a party to a family law property or spousal maintenance order or agreement? No. Yes. Date of the order / / ..
A guide to REPRESENTING YOURSELF in the FAMILY COURT of ..
maintenance (see spousal maintenance below), and whether a party is liable to pay child support for a child of the relationship. (see: Appendix A paragraphs (d), ..
FAMILY COURT OF AUSTRALIA HAWFORD & HAWFORD [2011 ..
The trial of the property and spousal maintenance proceedings in this matter is set down to be heard on the 25 th of August 2011. The preliminary issue that I ..
Prescribed Forms
by R Warrek - 2006.. than a divorce, for example, property, parenting, child support, maintenance. .. or defacto spouse or former defacto spouse (known as spouse maintenance).
Apprehended Violence Orders and Family Law - LawAssist : Lawlink ..
In NSW, family law matters such as children, spousal maintenance, divorce and property, are dealt with by the Family Court of Australia, the ..
My family is separating — what now? | Child Support For ..
Spousal maintenance
.. As a grandparent, you can apply for a child support assessment if you care for a child 128 nights or more a year (35 per cent or more care). As a non–parent carer you must apply for child support from both parents ..
Family Law Amendment Regulations 2001 (No. 1)
The intention of this provision is to make it clear that any property dealt with by an approved Part VIII spousal maintenance agreement is not to ..
Family Law Council
the power to make a binding financial agreement relating to spousal maintenance that takes effect during marriage. A Committee was formed to progress the ..
My family is separating — what now? | How Child Support Is Paid
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Official Hansard
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Family Law Act 1975
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kids' guide to changing families (a computer game for 8-12 year olds) · My family is separating — what now? Emotional Support; Family Relationship Services ..
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Family violence support .. Spousal maintenance .. Enquire online at www.csa.gov.au or call 131 272 to talk about your situation or child support case. 1.
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by A NICHOLSON - spousal maintenance remain a mystery to the many families most affected by the legislation these forums deal with. Attempting to explain the Aus- ..
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2. Comparison between 1980s and contemporary data
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COURT APPLICATIONS
CHILD SUPPORT LEGISLATION There are limited circumstances in .. (step child maintenance); Spouses (spousal maintenance); Some cases ..
How commonwealth family law works
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10+ items – .. separation and divorce, child support and maintenance.
My ex-partner has taken our children without my permission. What can I do
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Consent orders
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Untitled - Parliament of Australia
child support and spousal maintenance. In. 1994, the Joint Select Committee on Certain. Family Law Issues made recommendations about the international ..
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- applications for divorce. · applications concerning spousal maintenance. · property disputes. · all parenting orders, whether the parents are married or unmarried, ..
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FAMILY COURT OF AUSTRALIA STANFORD & STANFORD [2012 ..
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FAMILY COURT OF AUSTRALIA
In her amended application, the wife also sought that the husband pay "arrears" of spousal maintenance but she sensibly abandoned that because the "arrears" ..
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Parenting plans - Information for parents to consider when making a ..
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-1- RECENT DEVELOPMENTS IN FAMILY LAW: BANKRUPTCY ..
spousal maintenance proceedings to include vested bankruptcy property in relation to a bankrupt spouse;. •. Insertion of a definition of "trustee" in relation to a ..
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Chairperson: Mr Des Semple Members: Mr Stephen Bourke The ..
- by M Des Semple - Council published a Discussion Paper in 1998 examining the nature of possible financial remedies, as part of a property or spousal maintenance settlement or ..
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The Assessment Act sets out the requirements for a child support .. make in relation to property, superannuation and spousal maintenance.
find LEGAL answers - Courts and Tribunals Family Court
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DE FACTO RELATIONSHIPS (opposite-sex and same-sex)
SPOUSAL MAINTENANCE .. Funded with the support of the Governments of Australia and South AustraliaWebsite by CeCCDesign by ..
Proposed regulatory change Field Content Name of Division/Office ..
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Child Support Matters issue 19
support or spousal maintenance from parental leave payment a child support agreement spanning 1 July 2008 will be. ∎ treated as two separate child support ..
background paper 4
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3.7.1.30 Assessment of SpB Claims
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Directory of Services Separating/Separated Families
Relocation Applications, and Child Support. • Property Matters including Sole Occupation Applications, Spousal Maintenance and Distribution of Property, both ..
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1.4 Western Australia and the child support scheme .. along with other issues arising from family breakdown including spousal maintenance.
Part 2 Overview of the Federal Magistrates Court
applications concerning spousal maintenance. ■ property disputes (including de facto jurisdiction). ■ all parenting orders, including those providing for where a ..
House of Representatives Official Hansard
erty or spousal maintenance proceedings under the Family Law Act 1975, and the court will have jurisdiction over property that has become vested bankruptcy ..
Three important points to remember
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Issue No 27 September 1999
..
its interaction with the spousal maintenance provisions of the Act, with particular reference to the financial and rehabilitative needs of the economically weaker ..
FAMILY LAW APPLICATION FOR LEGAL REPRESENTATION
maintenance dependants. Amount. Dependants. Spousal maintenance? □ No. □ Yes – Weekly amount. Child care fees so you can attend ..
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by G SHEEHAN - respondent and their former spouse took responsibility for paying the bills, cleaning, home maintenance, and taking care of children;. • the respondents' report of ..
3.7.1.80 Determining the Rate of SpB
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per week in spousal maintenance. 21. On 17 July 2009, ... The wife sought a lump sum payment of spouse maintenance pursuant to s 72(1) of the Family Law ..
Commonwealth Legal Aid Guidelines Part 1: General
6.1 Assistance for applications for spousal maintenance. The Commission may make a Grant of Legal Assistance for a spouse maintenance matter under the ..
Financial proceedings under the Family Law Act | ALRC
Family violence as a factor in property disputes. Part VIII of the Family Law Act deals with property and spousal maintenance orders, providing a mechanism for ..
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Lawlink NSW: Select bibliography
BEHRENS, J and SMYTH, B, Spousal Support in Australia: a study of .. FAMILY LAW COUNCIL, Spousal Maintenance (Discussion Paper, ..
Information About.. Relationships | NSW Government
Tags: relationships, victim support, community safety .. the Federal Magistrates Court (the Family Law Courts) for property and spousal maintenance matters.
Chapter 59 - Assessing Income for Partner & Personal Income Tests
For the person who receives spousal maintenance, the maintenance is NOT assessed as ordinary income under the ABSTUDY Partner and Personal Income ..
Bankruptcy and Family Law Legislation Amendment Bill 2004 (Bills ..
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PART 2 OvERviEw Of ThE fEdERAL mAGisTRATEs COURT
applications concerning spousal maintenance. • property disputes (including de facto jurisdiction). • all parenting orders, including those providing for where a ..
Dictionary of legal terms - S
108 records – Financial support provided by the government for people without other forms .. Money paid by one spouse to another for their financial support after ..
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Thesaurus term, Divorced persons; Remarriage; Family law; Housing; Working women; Labour force participation; Spousal maintenance; Child support; Child ..
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Child support is a payment made by one parent to the other to help with .. spousal maintenance); you have concerns about any child support or ..
THIRD NATIONAL CONFERENCE
by HJL Dessau - 1998 - - marriage and ex-nuptial children; property; spousal maintenance; and, child support. It also has a parens patriae jurisdiction. The court offers sophisticated ..
Chapter 59 - Assessing Income for Partner and Personal Income Tests
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- The Division now refers to applications for spousal maintenance only. Child maintenance will be combined with child support in an amended division 4.2.5. 4.
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4644.02.11 Statement of financial details - Child Support Agency
Salary sacrifice/salary packaging. $. $. Commissions. $. $. Government payments. $. $. Superannuation pension. $. $. Child/spousal maintenance received. $. $ ..
Guide to tax for families - Australian Taxation Office
Your 'spouse' includes another person (whether of the same sex or ... Child support and spouse support payments are not included in your ..
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A legal duty generally means you have a court order making you responsible to support someone. You may be paying costs for another child, spousal ..
Forms | Child Support Agency
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Australian Institute of Family Studies
15 Family relationships and intergenerational exchange in later life, Christine Millward, July 1998. No. 16 Spousal support in Australia: A study of incidence and ..
Binding Finanical Agreements - Attorney-General's Department
- Spousal maintenance obligations contained in financial agreements are binding .. Conversely, agreed spousal maintenance obligations embodied in consent ..
Application by an individual for fee waiver [PDF version]
[Generally, dependants are persons who rely on you or on whom you rely for financial support and include spouse, de facto partner and children]. Nature of ..
SUBMISSION IN RELATION TO CONSULTATION PAPER
operation of the Family Law Act, many of the simpler family law property and spousal maintenance cases were dealt with in the State Magistrates' Courts.
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award of lump sum, or periodic spousal maintenance. Another provision changes the basis of allocation for post- separation increases in property. The route to ..
THE FAMILY HOME
One spouse cannot sell the property without the other's permission and .. Funded with the support of the Governments of Australia and South ..
Report 113 (2006) - Relationships - Law Reform Commission ..
BEHRENS, J, and SMYTH, B, Spousal Support in Australia: A Study of Incidence and Attitudes (Australian Institute of Family Studies, Working ..
Commonwealth Family Law Matter Type Guidelines - LACT
15+ items – List of commonwealth family law matter type guidelines.
GL 1
|
Priority for Urgent Matters
|
GL 7
|
Arrears of Spousal or Child Maintenance or Support
|
PROPERTY SETTLEMENT ESSENTIALS INCLUDING THE IMPACT ..
plus spousal maintenance for five years, but be prepared to settle for a lesser share of the asset pool – no less than 60.5%, and spousal maintenance of $12000 ..
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Submission - Inquiry into the Family Law Amendment (De Facto ..
property division and spousal maintenance if their relationships break down, and whether the. Australian people as a whole support treating marriages and de ..
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by AFR Clearinghouse - 2011.. does not support the view that overnight stays for very young children are per .. breakdown: 'partnership' and its limits; Spousal maintenance: almost gone?; ..
Question 18 SPOUSE Question 18
maintenance paid to your spouse for support of their dependent children. • amounts received under the incentive payments scheme relating to certain ..
]TOPIC 7: SPOUSAL MAINTENANCE
- Issues: In this topic we consider the specific provisions in Part VIII of the Family Law Act 1975 (Cth) in relation to the conditional right of spousal maintenance.
FAMILY LAW ACT 1975 - SECT 74 Power of court in spousal ..
Power of court in spousal maintenance proceedings. (1) In proceedings with respect to the maintenance of a party to a marriage, the court may make such order ..
FAMILY LAW ACT 1975 - SECT 82 Cessation of spousal maintenance
Cessation of spousal maintenance orders. (1) An order with respect to the maintenance of a party to a marriage ceases to have effect upon the death of the party.
BANKRUPTCY ACT 1966 - SECT 35 Family Court's jurisdiction in ..
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FAMILY LAW ACT 1975 - SECT 83 Modification of spousal ..
Modification of spousal maintenance orders. (1) If there is in force an order (whether made before or after the commencement of this Act) with respect to the ..
FAMILY LAW ACT 1975
Matters to be taken into consideration in relation to spousal maintenance 77. .. Specification in orders of payments etc. for spouse maintenance purposes 78.
FAMILY LAW ACT 1975 - SECT 4 Interpretation
Part VIII proceedings means proceedings under Part VIII for orders with respect to spousal maintenance or the property of parties to a marriage, but does not ..
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Urgent spousal maintenance cases. Where, in proceedings with respect to the maintenance of a party to a marriage, it appears to the court that the party is in ..
CHILD SUPPORT LEGISLATION AMENDMENT BILL 2000 1998 ..
Further, other international arrangements are of limited value to the recipients of child support and spousal maintenance as they are largely dependent on slow ..
FAMILY LAW ACT 1975 - SECT 111AA Maintenance obligations ..
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LAWS6979 - Financial Issues on Relationship Breakdown - Future ..
Examine various aspects of the law concerning the division of property and spousal maintenance when couples separate, and compare ..
FAMILY LAW AMENDMENT ACT 1987
Power of court in spousal maintenance proceedings 39. Matters to be taken into consideration in relation to spousal maintenance 40. Repeal of section 76 41.
Family property and financial disputes 406 - Monash University
This unit examines the constitutional and jurisdictional contexts within which property and spousal maintenance disputes are resolved.
9
- Issues: In this topic we consider the specific provisions in Part VIII of the Family Law Act 1975 (Cath) in relation to the conditional right of spousal maintenance.
Family Law Lecture: Property and Partner Maintenance
Law that is now applicable to property settlements and spousal maintenance claims for both separating married couples, and most separating de facto couples, ..
FAMILY LAW AMENDMENT RULES 2009 (NO. 1) (SLI NO 33 OF ..
section 79C, 90N or 90VB of the Act to stay a property settlement or spousal maintenance case, or a de facto property settlement or maintenance proceedings, ..
FAMILY LAW RULES 2004 - REG 4.15 Evidence to be provided
(1) On the first court date and the hearing date of an Application for spousal or de facto maintenance, each party must bring to the court the following documents: ..
imageREAL Capture
Lump sum spousal maintenance. - having another bite? A clean break may not always be the best approach to divorce settlements. ' ver the past few years there ..
CHILD SUPPORT (ASSESSMENT) (OVERSEAS-RELATED ..
(i) the agreement with New Zealand on child support and spousal maintenance;. (ii) the Hague Convention on the Recognition and Enforcement of Maintenance ..
Gender Division of Labor and Marriage
by W Cheung - 2011 - alimony (or called as spousal support or spousal maintenance) is the amount .. one spouse pays to the other, by court order, for support and maintenance, after ..
CHILD SUPPORT (REGISTRATION AND COLLECTION ..
(i) the agreement with New Zealand on child support and spousal maintenance;. (ii) the Hague Convention on the Recognition and Enforcement of Maintenance ..
Arbitration of Matrimonial Property Disputes
by J Wade - 1999 - - July, 2000 to enable the enforcement of matrimonial property and spousal maintenance arbitral awards. Keywords arbitration, marriage, matrimonial property ..
FAMILY LAW AMENDMENT REGULATIONS 2000 (NO. 2) 2000 NO ..
add a number of countries to the list of reciprocating jurisdictions from which Australia will accept applications for enforcement of child and spousal maintenance ..
9. Maintenance 2011 Student Notes
(Cth) in relation to the conditional right of spousal maintenance. By contrast we will consider the lack of a broad right for maintenance for de facto couples in ..
FAMILY LAW ACT 1975 - SECT 69ZD Parentage testing for ..
(bb) the Agreement between the Government of Australia and the Government of New Zealand on Child and Spousal Maintenance signed at Canberra on 12 ..
[80] By reason of matrimonial cause (f) and s 78 of the Family Law ..
- s 72: spousal maintenance right. s 75: spousal maintenance considerations. s 78: declarations of interests in property. s 79: alteration of interests in property ..
UTS: 76516 Family Law - Law, UTS Handbook
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and principal relief (divorce and nullity); children and parental responsibility (parenting disputes); spousal maintenance and child support (family support) ..
GENDER AND POWER: BALANCING RHETORIC AND REALITY IN ..
responsibilities was considered and dealt with in Best v Best13 and Mitchell v Mitchell.14. In the latter case on the issue of spousal maintenance the Full Court ..
DEPARTMENT OF ADMINISTRATIVE & LEGAL STUDIES
- Marriage; Development of Family Law Act in Australia; Dissolution of a marriage; Children's Issues; Spousal Maintenance; Child Maintenance; Property ..
LEC - Subject Pages - Family Law
(f) spousal maintenance and child support (Topics 9 and 10). In addition to the statutory and general law principles, emphasis is given to the ..
BANKRUPTCY ACT 1966
Family Court's jurisdiction in bankruptcy where trustee is a party to property settlement or spousal maintenance proceedings etc. 35A. Transfer of proceedings to ..
Post-separation parenting and financial settlements: the long-term ..
Microsoft Powerpoint - Residence parent likely to receive more of the parties' property, spousal maintenance, and can claim child support; Substantial care and high contact costs can ..
Wade, John --- "Writing Theses and Reports: TCAGONARM - An ..
by T CAGONARM Taking one of these options, namely "more spousal maintenance .. Judicial education on the desirability of more spousal maintenance.
Monash Oakleigh Legal Service - Monash University
Property settlement; Spousal maintenance; Effects of binding financial agreements commonly referred to as 'pre-nuptial agreement'. If children ..
Family Law - LAWS13-414 - Bond University - Subjects
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ethical dilemmas behind divorce, lawyer behaviour, child support, spousal maintenance, division of matrimonial property, injunctions and power over children.
Law Institute Journal (Victoria) Authors beginning with C ..
Cambell, Jacqueline --- "Lump sum spousal maintenance - having another bite?" [1999] LawIJV 175; (1999) 73(5) The Law Institute Journal 46 · Cameron, Alan ..
Conflict: Research and Practice in Human Resource Management
by AM Nasurdin - - Spousal support is an important factor in reducing conflict between work and family .. Actions representing spousal support include care given during the time of ..
DRAFT
- (f) spousal maintenance and child support (Topics 9 and 10). In addition to the statutory and general law principles, emphasis is given to the practical and social ..
Griffith University | 5027LAW: Family Law
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impact of separation on family members; living arrangements for children after family breakdown; property adjustment; spousal maintenance and child support ..
Murdoch University: Handbook | Unit Details | LAW370 Family Law
Topics covered include: marriage, divorce, parentage, parenting disputes, property settlement, child support, spousal maintenance and the role of primary ..
Bond University | Subject Outline: LAWS13-414 Family Law - Jan ..
Library & Online Resources · Computing Support · Academic Calendar .. child support, spousal maintenance, division of matrimonial property, injunctions, ..
Financial Issues on Relationship Breakdown - News and Events ..
.. as a de facto relationship for the purposes of property division under the Family Law Act, as well as spousal maintenance and child support.
Introduction to family law 406 - Monash University
.. parental responsibilities - the Family Law Act relating to parental responsibility; and; family support - spousal support and child maintenance.
Dr Adiva Sifris, Monash Law
2000. Lump Sum Spousal Maintenance - Crossing the Rubicon (2000) Australian Journal of Family Law 1. 1999. Updated (together with Peter ..
Download - AustLII
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document and prescribed form 51 2.05 Family violence order 51 Division 2.3.2 Property settlement or spousal or de facto maintenance cases 2.06 Notification ..
Summer program units 2011/2012 - QUT Students
8. Arrangements surrounding financial issues including: and - a. Property settlement; - b. Spousal maintenance; and - c. Financial support for ..
imageREAL Capture
by WR ATKIN - - redundant, at least for many people, those new provisions in the Family. Proceedings Act 1980 which relate to spousal maintenance. It is proposed in this article ..
Publications - Staff Profile
15+ items – Professor Belinda Fehlberg. Overview | Publications | Research ..
C. Millward, M. Campo and B. Fehlberg, 'Mothers who are liable to pay child ..
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B. Fehlberg, C. Millward and M. Campo, 'Shared post-separation parenting ..
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Alves-Perini, Nell; Harrison, Margaret; Rhoades, Helen; Swain ..
by N Alves-Perini - .. legal scholarship has witnessed a renewed interest in the issue of spousal conduct, .. 'emotional trauma' may be relevant to awards of spousal maintenance.
Subject Details
Outline of case document (.pdf) · JD class 8 child support and spousal maintenance (.pptx) · JD class 9 property introduction (.pptx) · Staff Edit ..
PROF BELINDA FEHLBERG
Journal Articles. Mothers who are liable to pay child support(Show details) .. Journal Articles. Spousal maintenance in Australia(Show details) ..
CRIMES LEGISLATION AMENDMENT BILL (NO. 2) 2011 ..
The affected provisions are those that require courts to stay property or spousal maintenance proceedings on being notified that property of the parties to the ..
Family Law 730615 - Subject Details
.. Child support: debates and directions; Matrimonial property division: 'big .. matrimonial property disputes; The future of spousal maintenance ..
LEC - Subject Pages - Family Law - Useful Links
SPOUSAL MAINTENANCE. Brookes v Burns Philp [1969] 121 CLR 432. DJM v JLM [1998] FLC 92-816; [1998] FamCA 97. Doig v Doig [1999] ..
ChAptER 7: Legal issues
for women's financial settlements, including for child support, property and spousal maintenance arrangements (Fehlberg 2008). Australian longitudinal ..
THIRD NATIONAL CONFERENCE
by HJL Dessau - 1998 - - marriage and ex-nuptial children; property; spousal maintenance; and, child support. It also has a parens patriae jurisdiction. The court offers sophisticated ..
UNSW Handbook Course - Family Law - LAWS3391
Introductory Perspectives, Historical Background, Constitutional Aspects, Marriage and Divorce; Financial Adjustment (Spousal Maintenance, Property ..
Slide 1
Microsoft Powerpoint - In short it includes applications for: divorce and nullity; declarations re marriage; spousal maintenance; property settlement; approval of maintenance' ..
FAMILY LAW AMENDMENT RULES (NO. 3) 2001 NO. 191
The original intention when the Rule was introduced in 1997 was to capture spousal maintenance applications only to save the filing of repetitive material ..
[pic] Family Law Act 1975 Act No. 53 of 1975 as amended This ..
315 79C Court to stay property or spousal maintenance proceedings affected by proceeds of crime orders etc. 316 79D Lifting a stay 317 79E Intervention by ..
"Arbitration of Matrimonial Property Disputes" by John Wade
by J Wade - 1999 - - .. is proposed to pass through Federal Parliament by 1 July, 2000 to enable the enforcement of matrimonial property and spousal maintenance arbitral awards.
FAMILY LAW RULES 2004 - NOTES
Division 2.3.2 Property settlement or spousal or de facto maintenance cases. 2.06 Notification of proceeds of crime order or forfeiture ..
CHILD SUPPORT (ASSESSMENT) AMENDMENT REGULATIONS ..
international maintenance arrangement .. Australia and the Government of New Zealand on Child and Spousal Maintenance done at Canberra on 12 April 2000 ..
- Australian Data Archive - Australian Divorce Transitions Project ..
Comment: Behrens, J. and Smyth, B. 'Spousal support in Australia: A study of incidence and attitudes'. Working Paper 16, AIFS: Melbourne, ..
Which, then, would be the'husband'and which the'wife'?"
by J Millbank - 1996 - So same sex couples are now permitted to apply to jointly adopt children and also to sue for spousal maintenance in Ontario.[26] 14. In the long line of cases that ..
Introduction: Lambert and lampposts: the end of equality in Anglo ..
by R Ingleby - 2011 .. to the implications of McFarlane, Parlour for the evolution of spousal maintenance; (iii) more general theoretical considerations of 'fairness'.
TOPIC 1: HISTORICAL BACKGROUND AND CONSTITUTIONAL ..
- VIII: property orders and spousal maintenance. · VIIIA: financial agreements. · VIIIB: superannuation. · VIIIAA: orders against 3rd parties. · XIIIAA: international ..
Family Law - News and Events - University of Sydney
This August intensive unit will examine various aspects of the law concerning the division of property and spousal maintenance when couples ..
LEC - Subject Pages - Family Law - Class Materials
25+ items – Summer Session 2011-12. lec > subject pages > family law ..
LECTURE MATERIALS AND HANDOUTS
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Topic 1: Historical background and constitutional factors
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Topic 2: Marriages and de facto relationships
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UNSW Handbook Course - Family Law - JURD7491
Introductory Perspectives, Historical Background, Constitutional Aspects, Marriage and Divorce; Financial Adjustment (Spousal Maintenance, Property ..
Professor Patrick Parkinson AM - Sydney Law School - The ..
Parkinson, P, "Spousal Maintenance - Is It Still Alive?" in Proceedings of the First World Congress on Family Law and Children's Rights, Sydney ..
Subject Details
The future of spousal maintenance. Financial disputes between de facto partners: debates and directions. Classes will comprise a mix of mini ..
Every player wins a prize? Family provision applications and ..
by M McGregor-Lowndes - 2008 - - The original purpose of family provision law was to enforce the proper maintenance. • and support of a testator's spouse and children. In the 108 years since ..
Masters of Applied Law (Family Law)
such as spousal maintenance, child support and superannuation splitting. It covers matters relating to these issues that family law practitioners would expect to ..
2008-2009 THE PARLIAMENT OF THE COMMONWEALTH OF ..
Items 10 - 15 – Subitem 8(3) will provide that if a court has made a property settlement or a spousal maintenance order before the commencement of item 8 on the ..
The emergence of arbitration in family law in Australia
by C Kaeser - 2003In 1991 the Family Law Act 1975 (Cth) was amended to allow post-separated married couples to have property and spousal maintenance disputes arbitrated.
CHILD SUPPORT (ASSESSMENT) ACT 1989
Matters to be taken into consideration in relation to spousal maintenance 193. Alteration of property interests 194. Registered maintenance agreements 195.
Dr Adiva Sifris - Researcher Profile - Monash University
Sifris, A., 2000, Lump sum spousal maintenance Crossing the Rubicon, Australian Journal of Family Law, vol 14, issue 1 (revised), Butterworths ..
Family law in the future - [1999] AltLJ 19; (1999) 24(3) Alternative ..
by R Alexander - - However, the actual provisions of Part VIII 'Property, Spousal Maintenance, Agreements' remain relatively pristine. On 30 March 1999, the Attorney-General ..
Forever bargaining in the shadow of the law - Who sells solid ..
by J Wade - 1998 - - tached to property division (ss 79, 75(2)); spousal maintenance (s 75(2)); parenting arrangements (s 68F). 13 (1997) 71 ALJR 487 at 526, 527. See also J B ..
FAMILY LAW RULES 2004
Family violence order Division 2.3.2--Property settlement or spousal or de facto maintenance cases 2.06. Notification of proceeds of crime order or forfeiture ..
2000 Research Publications Report - Monash University
Sifris A, 'Lump Sum Spousal Maintenance - Crossing the Rubicon' (2000) Vol 14, Issue 1 (Revised), Australian Journal of Family Law, 1¾ 25 ..
Do we choose our spouse based on our in-laws? Resolving the ..
by LJ Eaves - - socially important behaviors coalesce and are transmitted. The data in this examination support these assertions. Table 1 provides the spousal correlations in ..
Family Law (LAWS5063) / Course Handbook / The University of ..
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the best interests of children and childrens rights; child support, spousal maintenance, and property division on separation; role of family lawyers; law reform.
Holmesglen | Advanced Diploma of Legal Practice
Analyse and detail the provisions of the Family Law Act with reference to Spousal Maintenance. Analyse and assess the development of the law in relation to the ..
LAW 2512 - Family Law
Matrimonial and defacto property rights, binding financial agreements, and spousal maintenance. Legal ethics in the practice of family law.
FOMENTERS OF STRIFE, GLADIATORIAL CHAMPIONS OR ..
by DRB BATAGOL - - seeking would be classified under law as child support or spousal maintenance .. frustration with the difficulty of the law regarding spousal maintenance and the ..
BANKRUPTCY ACT 1966 - NOTES
52. 35..... Family Court's jurisdiction in bankruptcy where trustee is a party to property settlement or spousal maintenance proceedings etc.
CHILD SUPPORT LEGISLATION AMENDMENT BILL 1998 ..
A payer will not be able to claim a credit for these types of approved payments in relation to a liability to pay spousal maintenance under section 18 of the ..
DRAFT
- (f) spousal maintenance and child support (Topics 9 and 10). In addition to the .. Child Support (Registration and Collection) Act 1988 (Cth) ..
PROCEEDS OF CRIME (CONSEQUENTIAL AMENDMENTS AND ..
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5 - Property settlement and spousal maintenance proceedings SCHEDULE 6 - Other amendments SCHEDULE 7 - Transitional and related matters ..
Parkinson, Patrick --- "Quantifying the Homemaker Contribution in ..
by P Parkinson - - In their original context in s 75(2), those factors are limited by their context in the award of spousal maintenance, which requires the applicant to demonstrate a ..
LAWS3376 Introduction to Family Law S1 2011 - Faculty of Law ..
- Week 12. 23 - 27 May. Property: Alteration of Interests, Financial Agreements. 5. Week 21. Week 13. 30 May – 3 June. Adult Child and Spousal Maintenance ..
730-316 Current Issues in Family Law
financial aspects of family law (eg. current child support issues (such as the .. law; prenuptial agreements; the on-going relevance of spousal maintenance).
FAMILY LAW ACT 1975 - SECT 77A Specification in orders of ..
Specification in orders of payments etc. for spouse maintenance purposes. (1) Where: (a) a court makes an order under this Act (whether or not the order is ..
TAX LAW IMPROVEMENT ACT 1997 - SCHEDULE 3 Exempt income
73 Subsection 23(1) (definition of exempt spousal maintenance income ). After "paragraph 23(l)", insert "or item 5.1 of the table in section 51‑30". 74 Subsection ..
QUT | LJJ | Analysis of the Operations of the Federal Magistrates ..
by S Doig - 2003 'For the court to hear applications for parenting orders beyond the initial stages or property settlement and lump-sum spousal maintenance with ..
TOPIC 9: CHILD MAINTENANCE
- Australian Taxation Office (now within Department of Human Services). (b) Registration of Maintenance Liabilities. · Child and spousal maintenance orders must ..
TAFE Fees > Student Fees > Student Operations > Swinburne ..
Enrolments Prior to July 2009 (Fee Maintenance) .. Concession Card; Veterans Gold Card; or a dependent spouse or dependent child of such a cardholder.
FAMILY LAW AMENDMENT RULES 2002 (NO. 4) 2002 NO. 322
Sections 79B and 90M of the Act require that after a property settlement case or spousal maintenance case has started, a party must notify the court if they ..
For richer for poorer, in sickness and in health: Should Australia ..
by DM Cooper - 2005 - - apply for spousal maintenance, in the appropriate circumstances.52. In Queensland, Western Australia and the Australian Capital Territory, ..
Passage of Change
by O Jessep - is legally valid or not (such as spousal maintenance, property claims, inheritance, compensation in relation to fatal accidents and so on). The contending party ..
PROCEEDINGS IN RELATION TO CHILDREN IN THE POST ..
by D Kovacs - where the court is required to determine as between a de facto spouse and a child of the parties their respective entitlements to spousal maintenance and to ..
Research Supervisor Profile for Professor Patrick Parkinson ..
20+ items – .. chaired a review of the Child Support Scheme in 2004-05.
Parkinson, P, "The Past Caretaking Standard in Comparative Perspective" in ..
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Parkinson, P, "Die Durchsetzung von Toleranz: Gesetze gegen religiöse ..
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FAMILY LAW AMENDMENT (DE FACTO FINANCIAL MATTERS ..
proceedings in relation to urgent child maintenance (section 66Q), urgent child bearing expenses (67E), and urgent spousal maintenance (section 77), powers ..
19 FAMILY LAW
(c) spousal maintenance; child support; and injunctive relief (Topics 6, 7 and 10);. (d) property settlement (Topics 8 – 9). In addition to the statutory and general ..
DRAFT
- (c) spousal maintenance; child support; and injunctive relief (Topics 6, 7 and 10);. (d) property settlement (Topics 8 – 9). In addition to the statutory and general ..
Battered Woman Syndrome *
by Z Craven - - Walker hypothesised that spousal abuse generally occurred in cycles .. evidence of BWS has principally been raised to support either a full or partial defence in ..
12012 The Nuts and Bolts of Family Law - College of Law
Issues in Spousal Maintenance. Speaker: Terese Messner Barrister-at-Law, Family Law Chambers Listing Urgent Applications in the Family Court and the ..
Events Calendar | Family Law Practice (November)
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service of documents, divorce hearings, dispute resolution, applications relating to children, child and spousal maintenance, property settlement, enforcement ..
Achieving Health Promotion Behaviour Change Among Older ..
For example, spousal support, informal networks, support groups, and voluntary organisations can provide mutual aid. 3. Healthy environments: This is defined ..
TOPIC 2: MARRIAGES AND DEFACTO RELATIONSHIPS
- it is primarily a property and spousal maintenance act. Part I: Preliminary. Part II: Jurisdiction. Part III: Proceedings for financial adjustment. Part IV: Agreements ..
Exercise behaviour and adherence 1
Predictors of exercise adherence and non-adherence. Main predictors of adherence. Main predictors of drop-out. Spousal support. Lack of time. Social support ..
PUBLIC TRUSTEE ACT 1978
Maintenance
of infant beneficiary out of capital 51. Public trustee may hold property .. Where residue may be paid to spouse 55. Public trustee may pay over to ..
UNSW Handbook Course - Family Law - LAWS3391
Introductory Perspectives, Historical Background, Constitutional Aspects, Marriage and Divorce; Financial Adjustment 1 and 2 (Spousal Maintenance, Property ..
The way legislative power has been divided over issues of concern ..
in relation to homosexual couples and spousal maintenance. 15 Russell v Russell (1976) 134 CLR 495, 508-509, 525, 527;. 16 HA Finlay and RJ Baileys-Harris ..
Property Law and Another Act Amendment Bill 2009 Property Law ..
In addition, separating de facto couples in Queensland, did not have the opportunity to seek spousal (as contrasted to parental) maintenance, seek orders to ..
FAMILY LAW AMENDMENT RULES 2009 (NO. 1) (SLI NO 33 OF ..
This Item expands the note so that as well as directing the reader to section 83 of the Act for modification of a spousal maintenance order, it also ..
Adherence to continuous positive airway pressure therapy in ..
by SL Olsen - 2008 - - Espie, 2004). Spousal support has been identified as a potential mediating variable relating to treatment adherence in other health domains (Doherty, Schrott, ..
The procedural evolution of conflict towards litigation and ..
by J Wade - 2010 - pay all his own legal costs and interim spousal maintenance. In children's disputes, a wife will be permitted to relocate with the children, but will ..
FEDERAL JUSTICE SYSTEM AMENDMENT (EFFICIENCY ..
Items 10 - 15 – Subitem 8(3) will provide that if a court has made a property settlement or a spousal maintenance order before the commencement of item 8 on the ..
Rheumatoid Arthritis and Self Esteem: The Impact of Quality ..
by JR MacKinnon - 2003 - - mediator between spousal support and depressive symptoms: A comparison of healthy individuals and individuals coping with arthritis. Health Psychology, ..
Charity Begins At Home: Family provision and bequests to charity in ..
by FM Hannah - 2008 - purpose of family provision law was to enforce the proper maintenance and support of a testator's spouse and children. Family provision laws ..
Our third theoretical perspective is that of complexity
by J Dewar - - Pauline Hanson's One Nation's Family Law and Child Support ... permits applications for spousal support to be brought only by married couples or ..
158 Australian Journal of Family Law
s 72 (spousal maintenance confined to cases where payee incapable of self—support), s 43(0). (Family Court to have regard to rights and welfare of children in ..