NSW Can a primary carer be forced to return to Full Time Work

[thatsnotmyname]

I am the primary carer of my child who is 2.5. When we decided to have children (and were still married), his father (my ex) and I agreed for me to work part time until the child was of school age as we considered it was in our child's best interest to not be in childcare for nearly 12 hours a day, five days a week. His father worked full time and long hours since the child was born.

I returned to work three days a week. My ex assists with one of those three days with drop off and pick up of child care. The other two days I don't do paid work but I do unpaid work in caring for our child and take him to activities. My ex technically has responsibility for caring for our child every second weekend. We are still cohabiting and I'm still (god knows why) doing the lion's share of cooking, washing, organising budgeting etc.

We are going through financial settlement (I had another post re this) and as part of this I suggested a lump sum payment of child support until our child was of school age. His response was that he was not supporting "my lifestyle" any longer. My response to him that I am the primary carer and as such the legislation provides that he should support our child (and me) until our child goes to school as we had agreed.

Can he force me back to full time work and put our child in full time child care? I really think this is not in the best interests of our child and would cause him issues in the future.

 

[sammy01]

Nope he can't force you back to work, but you cant expect him to make a lump sum payment either.
No the legislation doesn't say that he needs to support you until the child goes to school...

 

[Atticus]

My response to him that I am the primary carer and as such the legislation provides that he should support our child (and me) until our child goes to school as we had agreed.

As sammy wrote....Also, the agreement assumed that you would remain married & together. That is no longer the case... Also, nothing to do with your question, but if you are still >>

doing the lion's share of cooking, washing, organising budgeting etc.

.. Then you may well not be satisfying the actual legislative requirements of 'living separated under one roof', either for the purpose of divorce, nor probably child support..

Suggest you read this >>> Separated but living under one roof - Federal Circuit Court of Australia