Donate Child Support Calculator
Skip navigation

Spousal Maintenance

Add Topic

Unable to pay - underestimated expenses

Felicitations,
My first post. Under an interim order I have to pay $250 a week. The judge did make it clear it was for the short term. I am now unable to pay. I asked a lawyer friend who said pay what you can;he was unsure of the next step. What can I do?
We are in front of the registrar at the end of August.
The judge did say to me in the interim hearing that he thought I had underestimated my expenses - well now I know!
 

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 

Spousal Maitenace

While a party to a marriage is abble to ask for Spousal Maintenance, one of the factors to be considered by a court in making the determination is the other party's ability to pay. You will need to lodge acurate finacal statements including expenses then ask the court to set aside or modify the order.

For me - Shared Parenting is a Reality - Maybe it can be for you too!

Financial plan

Hi,

At the time of filling in the plan my I tried to be honest; even the judge commented on the fact in court and thanked me. My wifes lawyer even made the same comment!

My lawyer on the day said that the judge's comments means that he believes you and not your wife;she had expenses in her financial statement knocked back.

We did make it clear to the judge that we were unable to pay, but having said that, my wife was after $400 PW in spousal - talk about an ambit claim!

Who can I contact now, to say I am unable to pay? I have had unexpected bills ( medical ) and have obviously underestimated my living costs.






Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
There are some discussions on this subject and we will post something shortly. The court is the only means of having any change to circumstances. I suggest in the first instance you discuss with the FamilyCourt hot line operators and post back in relation to a possible discussion with the duty registrar at your nearest regsitry.

You will need to convince on hardship grounds it seems.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
Once an error is made it is extremely hard to fix under the juggernaut system we operate within. An appeal after time is extremely difficult. You may be able to get a new case for review up in special circumstances but you do need to discuss with the Court Registrar. I assume you had a solicitor in this matter and it would be interesting to see what he or she has to say. If your ex is anywhere near reasonable she could agree to an amendment as she will be the one filing if you don't pay. But if she is mean spirited and unreasonable she is probably enjoying the spoils of the decision and flat out spending it… I have not come across such a situation and will need to consult additional colleagues on this one. :$

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 

Section 72 FLA 1975 Spousal Maintenance Part one

FAMILY LAW ACT 1975 - SECT 72

Right of spouse to maintenance (1) A party to a marriage is liable to maintain the other party, to the extent that the first‑mentioned party is reasonably able to do so, if, and only if, that other party is unable to support herself or himself adequately whether:

 (a) by reason of having the care and control of a child of the marriage who has not attained the age of 18 years;

 (b) by reason of age or physical or mental incapacity for appropriate gainful employment; or

 (c ) for any other adequate reason;

having regard to any relevant matter referred to in subsection 75(2).

 (2) The liability under subsection (1) of a bankrupt party to a marriage to maintain the other party may be satisfied, in whole or in part, by way of the transfer of vested bankruptcy property in relation to the bankrupt party if the court makes an order under this Part for the transfer.
This means that two conditions must be met for the ordering of spousal maintenance.

The first is that one spouse be "unable to support herself or himself adequately" for one of the stated reasons.
The second is that the other spouse be reasonably able to maintain the former. Both these conditions must be met.

Warning! - You must always be aware that any orders, be they consent or otherwise, under s.79 of the FLA 1975, can change your circumstances, from that of being unable to pay spousal maintenance, to that of being able to pay spousal maintenance.

Last edit: by OneRingRules


Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
1 guest and 0 members have just viewed this.

Recent Tweets