How and When to Apply for Maintenance: A party to a marriage may apply to the Family Court or the Federal Circuit Court for maintenance assistance. They are eligible for:
Responsible for children under the age of 18.
Inability to obtain a job due to age, mental or physical handicap.
Other valid reasons under section 72(1)(c) of the Family Law Act. In determining a request for maintenance, the court will consider the factors listed in section 75(2) of the Family Law Act. Circumstances in which maintenance may be sought:
The spouses have not yet separated or divorced, but the petitioner proves that the support of the other party is insufficient.
According to article 44 (3) of the Family Code, within one year of obtaining a judgement of divorce or nullity. If one year has elapsed, the application is valid only if the court gives permission. Such permission is granted when: a. The petitioner or a child would face hardship in the absence of support. b. The petitioner would be unable to support himself/herself without specified financial assistance for a period of 12 months, as stated in section 44(4) of the Family Law Act. c. The petitioner would not be able to support himself/herself without specified financial assistance. d. The petitioner would not be able to provide for his/her own needs without specified financial assistance. However, these time limits do not affect cases for modification of existing maintenance orders. Factors assessed by the court When considering matrimonial maintenance, the court will examine:
the income, assets, financial and employment prospects of the parties.
financial responsibility to themselves and others.
Age and state of health. Parental responsibility for children under 18, reasonable standard of living after separation.
The contribution of the petitioner to the financial situation of the partner, the impact of maintenance on the financial growth and opportunities of the petitioner, the duration of the marriage and its impact on the earning capacity of the petitioner, the need to protect the party who continues to fulfil the role of a parent. The financial impact if one partner is cohabiting with someone else (regardless of the nature of their relationship), previous property-related orders relating to both parties.
Under the child support provisions of the Child Support (Assessment) Act 1989.
Bind existing financial agreements between the parties.
Other relevant financial aspects. Under section 75(3) of the Family Law Act, the court does not consider that the petitioner is entitled to an income-based pension or benefit. If you need legal advice on alimony or child support, pleaseliaiseChoi Ching Wai, Esq.Family lawyersAddress Level 2, 262 Queen Street, Melbourne 3000, Telephone 0396023988 Address Level 2, 262 Queen Street, Melbourne 3000, Phone: 0396023988
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