My former spouse, the support recipient, is now working – do I still have to pay them child support? If child support or alimony is part of a divorce, you need an experienced divorce lawyer on your side to defend your interests and ensure that everything is well managed. Bennet, Weston, LaJone and Turner P.C. represent clients at both ends of a divorce. The maintenance of the spouse does not automatically stop at the cohabitation of the beneficiary, although some court decisions provide for this. Cohabitation is much more uncertain than marriage and roommates do not have the same financial rights against each other in the event of a relationship breakdown. In the High Court appeal proceedings, Miller J. allowed the wife`s appeal that the family court does not have the power to issue an order to vary the agreement through the application of Section 182(6) of the VPA. Section 182 (6) provides that if you are acting for a separated spouse who must pay child support, the terms should not be a section 21A contract, but a support contract. Spousal support is a court-ordered assistance from one spouse to another following a divorce, and the intention is to cover the financial needs of the receiving spouse until he or she can receive the training or work necessary to cover his or her own needs. In determining whether spousal support should be paid, the amount payable and the duration of the payment, the court takes into account all the circumstances. Bellamy`s decision makes it much more difficult to challenge the support provisions of Section 21A once the parties are divorced. If an application for support is to be made, the agreement itself must first be cancelled.
Depending on the parties` old-age pension, support may end with the parties being entitled to income from their pensions. Sped assistance is usually a specified amount that is paid once a month. It is a good idea to include the date when sped assistance ends. (It is also a good idea to describe what might end the obligation to pay sped assistance. See clauses 18 – 26.) When considering the inclusion of sped maintenance in your financial agreement, you should consider the following:- A nominal maintenance contract is developed for the benefit of a party from which they currently have sufficient income to meet their needs and which, at present, does not require the maintenance of the content of the marriage, but may be necessary in the future.