WA Wife and Child Live Overseas - Should I Give Spousal Maintenance?

[kannan]

Hi,

I have an Australian citizenship, My wife (neither an Australian citizen nor Permanent Resident of Australia) and my child (4 years old) are in India for past 5 years. How about the spousal maintenance ?

My wife is earning in India for past 3 years with a good salary. Now she has resigned from her job and is staying at her home.

1 . Do I need to pay her any spousal maintenance ? If yes, how much should I pay ? I am earning AUS$60,000 / year.
2. She is capable of earning and hold a masters degree, but she is wasting her ability to earn money. In this case, should I need to give her spousal maintenance ?
3. Living expenses in India for my wife and my child will be around Rs 20,000 per month, which is equivalent $450 only. In this case, how much should I need to pay her ?
4. Will the divorce be granted only after spousal maintenance and child support is decided ?

 

[JS79]

Hi,
Before you agree to anything, I would suggest you see a family lawyer. This is especially important in your case as your ex wife and child are overseas. They will be able to help you with your divorce and the other issues that you have.

An article on child support can be found here: Child Support – Key Things You Should Know - Legal Blog - LawAnswers.com.au

An article on the family law act can be found here: The Family Law Act 1975 - How Does It Impact Your Family? - Legal Blog - LawAnswers.com.au
and finally...

An article regarding divorce in Australia can be found here: Divorce in Australia – What You Need to Know - Legal Blog - LawAnswers.com.au

To be connected to a local lawyer specialising in family law see: Get Connected with the Right Lawyer for You