Under the Family Law Act 1975, an existing spousal maintenance order can be reviewed or modified. If you or your spouse already have this order, here's what you need to know:
Criteria for Modification: In considering a modification based on eligibility for support and relevant factors affecting its amount, the court will evaluate your situation. If a party seeks an increase or decrease, the court will check to see if there is still a legitimate need for support.
The order can be suspended or annulled if the beneficiary is now self-sufficient or the payer is unable to provide maintenance. Only monetary considerations carry weight; behaviour with no financial implications is ignored.
Grounds for discharging the order:
The beneficiary can now support themselves independently, the initial financial enquiry is insufficient and the parties resume cohabitation. Even if the order is revoked, the individual does not lose the right to future support. Depending on changing circumstances, an application may be made to obtain a new order, taking into account the specific limitations of the Family Law Act.
Temporary Suspension of Order: If eligibility for support is expected to be transient, the court may suspend the order, which may later be reactivated.
Variation of the amount of maintenance: The court may amend the amount of maintenance to increase or decrease the amount. The court will also consider this when considering the main part of the bill:
Changes in the financial position of either party.
Changes in the cost of living or consumer price index.
The time span since the last adjustment should be at least one year. It is worth noting that exchange rate fluctuations may be considered a valid reason for change in exceptional circumstances.
Revised special circumstances:
When support decisions are mutual, the court will determine whether the stipulated amount is still appropriate.
where key facts have been omitted or incorrect details have been previously provided.
The court's jurisdiction to adjust the order depends on the existence of the order at the date of the hearing.
Emergency Financial Assistance after Separation: Expedited assistance is available after separation if there is an immediate need for monetary support. This is essential for costs such as housing. To start this process in the Federal Circuit and Family Court of Australia, file an Application for Commencement and attach a Financial Statement. The Court can authorise regular payments or lump sum payments, usually as interim relief.
Modify the current order: the court may:
Abolition of existing maintenance orders.
Suspend them completely or partially.
Reactivate the suspended command.
Change the amount of the payment. Modifications can be recommended by either party or the bankruptcy officer. For a modification, the court assesses the change in financial circumstances, the change in the cost of living, the fairness of the order based on consent, or whether there was a previous misstatement. If the order is reduced, overpayments can be recovered. If you need legal advice on maintenance 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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