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Understanding Spousal Maintenance and Child Support in Marriage Agreements

  • October 24, 2023

Home " Legal Blog " Family Law " Understanding Spousal Maintenance and Child Support in Marriage Agreements

Understanding Spousal Maintenance and Child Support in Marriage Agreements

Spousal maintenance and child support are both financial obligations that may arise from marriage.

Whilst the Family Act 1975 specifically governs spousal support, child support can derive from either the Family Act or the Child Support (Assessment) Act 1989. It is important to note that which law applies depends very much on when the parents separated or when the child was born.

In situations where the Child Support (Assessment) Act 1989 plays a dominant role, a specific formula administratively assesses and deducts child support amounts. However, if the Families Act 1975 plays a role, then the child maintenance amount is theoretically set by judicial discretion.However, the Australian Family Court is increasingly relying on the Child Support Assessment formula.

When recognising the right to spousal and child maintenance, the court must assign a different amount to each right. If someone owes spousal maintenance and child support, both obligations are given equal priority. The right to spousal maintenance is more limited than a child's undisputed right to receive support from a parent. Therefore, in many cases, a person may be obligated to provide child support to an ex-spouse, but not spousal support. The Family Law Council has noted that child support may significantly reduce the chances of the court awarding spousal support, as it may deplete the financial capacity of the payer. In determining the amount of spousal support, the court must also take into account any child support that has been or will be provided by a party. This guidance was added to the Family Law Act 1975 at the same time as the child support legislation was introduced.

If you need legal advice on maintenance or child support, pleaseliaiseChoi Ching Wai, Esq.Family lawyersOur address is Level 2, 262 Queen Street, Melbourne 3000, telephone 0396023988. Our address is Level 2, 262 Queen Street, Melbourne 3000, and our phone number is 0396023988.

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