WA Spousal Maintenance and Child Support Query?

[Michael Colling]

Hi there.

I've recently separated from my wife of 16 years and need to understand if I need to pay spousal maintenance.

I've worked through the child support minimum amounts but do earn a lot more than my ex and don't know how it works with ongoing spousal support.

Cheers

 

[AllForHer]

Spousal maintenance is not an obligation for you to pay, nor is it an entitlement that your ex can claim. There are only two ways spousal maintenance will change hands - either by agreement between you and your ex, or by order of the Court. If you don't agree to pay spousal maintenance, then your ex will need to file an application for spousal maintenance through the Court.

 

[Carmel Torney]

Hi Michael
Your ex also has to have a need for spousal maintenance and you have to have the ability to pay. Each matter has to be considered on its own merits.

If you are recently separated, I would suggest you obtain legal advice so that you can get an understanding of the processes and what your position is likely to be not only in relation to child support and spousal maintenance, but property settlement and arrangements for the kids.

Any response provided is information only and should not be considered legal advice. You should obtain legal advice specific to your circumstances before making important decisions.

 

[Time101]

Hi Michael

Agree with the two previous posts.

For her to get SM...
1. She need to go through court
2. If you want to agree to pay her

No1 is based on capacity to pay and she has to explain to the magistrate shes in a financial hardship and she needs your SM money.
SM isn't easy to get.

I'm in wa aswell know of a few friends that have gone through the court procedure and I went to see a case last week.

Did your wife say she's wants u to pay her SM?
Has she filed court documents stating the amount she's after .

All the best keep us posted.

 

[Michael Colling]

Thanks so much for your help. My ex through mediation is claiming she wants SM in order to continue living as she has been with me and as a result of having moved around Australia 3 times when I was transferred.
She is working FT with a company car and we share the kids 50/50 but claiming she cant put food on the table with minimum child care requirements. Any idea how this works without going to court ?
Ive also been paying the full mortgage on our house she is living in and she is wanting me to back pay her child care from date of me moving out. Any thoughts ??
Much appreciated

 

[Migz]

1. Pay your child support at the required rate as per CSA paperwork. Do not pay for anything else... no separate payments for daycare, child care, school fees, dentist, doctors...NOTHING.

2. Stop paying the mortgage. You should of stopped the day you moved out.

3. Even though you as a nloke would feel need to pay for this and that and keep a roof over their heads etc etc... you would think it would help out down the track... it doesn't... you are going to be screwed over anyway you look at it.

4. This isnt America so take the spousal maintenance crap off the table.

5. Sell the house and move on with your life.

 

[AllForHer]

Likelihood of getting spousal maintenance when she’s working full time and you share the kids 50/50 is near on zero.

Pay child support at the assessed amount and not a penny more. You don’t get brownie points in property settlement for generosity.

Mortgage, get legal advice. You don’t want to sabotage your credit rating because of your ex.

 

[sammy01]

yep pay child support, I'd suggest you continue paying the mortgage for a while.... Look once you have 50/50 care established for a few months, it will work well for you. But the house will either have to be sold, or refinanced in her name... You can't be expected to put a roof over her head and one over your own... But it might be prudent to continue paying it is the short term.