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My Quarantine (Public Dump) Area

Future posts which deviate from topic or hijack a thread will be 'dumped' in here (WITHOUT WARNING). Posts which are sexist will also go in here plus my personal favorites of soap boxing and grandstanding and 'I am smart' chest beating.

 Senior Site Moderator and Administrator
LifeInsight said
What about those that grandstand all the time with their big stick??? :lol:

In my case I use one of your old soap boxes, stand on it and wave my big stick around. That is not grandstanding!


 Senior Site Moderator and Administrator
Will a reference be made that topics have been moved on the original post, sometimes it can be confusing when things disappear ????

One Liners

There appear to be too many ONE LINERS in this topic!:offtopic:

For me - Shared Parenting is a Reality - Maybe it can be for you too!
D4E said
Will a reference be made that topics have been moved on the original post, sometimes it can be confusing when things disappear ????

If a post has been moved into an area 'you have access to' the original topic location will have a pointer inserted to the new location. If it is to an area you do not have access, such as Trash/Quarantine any link will not work because you do not have access to that area.

If you want to follow individual posts then use the tagging/flag feature because this works irrespective of where a post has been moved to.


 Senior Site Moderator and Administrator
Thank You kindly Sisyphus and to all those who are making the Portal/Forum and easier place to navigate.
D4E has rasied an interesting issue. When a site post is moved there is a link displayed to the new location. No issues there. If the link takes you to a forum you do not have access to then you will see a "denied access" notation. However if a TOPIC is moved I do not think there is any linkage. I will need to ask a site Admin as to what options are available. The issue around a topic move is more complex particulalry if you are clicking on the email URL link. There is a Topic Redirect function that I have not explored. The developers have a new "Breadcrumb" that is being tested see the known issues forum area. This will make it easier to see where you are with "unread" and "virtual posts".

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
 

Moved by the Senior Moderator - Original Topic was Child Support - not Spousal Maintenance

And of course with spousal maintenance the ex has to be supported for life - even if you were only married (or defacto soon) a couple of years.

Rule is - don't get into a relationship with someone who has less money assets or income than you.
Its very clearly what the government wants and what it is supporting and encouraging.
Oh - and of course giving money to women to make babies.

Last edit: by Sisyphus


 Maybe I am not explaining myself well enough
Jon Pearson said
And of course with spousal maintenance the ex has to be supported for life - even if you were only married (or defacto soon) a couple of years.
 
 
 
 

Hey Jon, looks like good news here! Spouse maintenance is




·         not always given in Australia,

·         given only only where strict criteria are met,

·         and even then only if applied for within a year of divorce,

·         and only until remarriage or repartnering .

·         And husbands qualify too!





Family Law Courts Website said

Spousal maintenance


Spousal maintenance (support) is when one person pays to help financially support their husband or wife (or their former husband or wife) because they are unable to adequately support themselves.

Under the Family Law Act, a person has a responsibility to financially assist their spouse, that is their husband or wife, if that person cannot meet their own reasonable expenses from their own income or assets. Where the need exists, both spouses have an equal duty to support and maintain each other as far as they can. This obligation can continue even after separation and divorce. The extent of the support depends on what the other spouse can afford to pay.

What does a court consider?


Spousal maintenance is not automatic. In deciding a maintenance application, a court considers the needs of an applicant and the respondent's capacity to pay. A court considers the following about both of you:

your age and healthyour income, property, and financial resourcesyour ability to workwhat is a suitable standard of living,if the marriage has affected your ability to earn an income.A court also takes into account with whom the children (under 18 years of age or adult children who are disabled) live.

What about de facto partners?


De facto partners cannot apply for spousal maintenance under the Family Law Act. Laws relating to de facto couples vary between states, and you should seek legal advice.

Also, if you live in Western Australia the law may be different. For more information visit the Family Court of Western Australia's website located under website links.

What if you start a new relationship?


You are not entitled to spouse maintenance if you remarry and if you start a new de facto relationship the court will have regard to the financial relationship between you and your de facto when considering whether you are able to support yourself adequately.

Is there a time limit for applications for spousal maintenance?


Applications for spousal maintenance must be made within 12 months of your divorce becoming final. If you do not apply within this time, you will need special permission of a court. This is not always granted.



 Not so bad after all!



Re applications for Spousal,  the situation is that since 8 Jan 2007 Spousal Maintenance Applications in the Family Court must be part of an Application for Property settlement which, by virtue of s 44(3), must be filed within 12 months of Divorce. Any application not on the back of a Property settlement must be commenced in the FM.

Also Jon, when you say
And of course with spousal maintenance the ex has to be supported for life - even if you were only married (or defacto soon) a couple of years.
 be mindful that your use of the expression "the ex has to be supported for life" is not accurate. There is no automatic entitlement in the legislation. The test set out in the FL Act is quite strictly applied and as you can see there are a number of hurdles which make Spousal applications difficult. The hurdles are;

1. The capacity to pay.

2. That there is an inability to support ones self adequately (this is strict, ie if and only if).

3.The applicant's incapacity to support him/herself is a result of specific defined reasons. (Hopelessness, lazyness, greed etc are not mentioned.)

SECTION 72 RIGHT OF SPOUSE TO MAINTENANCE

72(1)  [Liability of spouse]
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
© for any other adequate reason,
having regard to any relevant matter referred to in subsection 75(2).

How much?

I recall one barrister telling me about his dilemma in asking for $100,000 per week for spousal. He was worried about how to argue it - got to court ready for a big battle; guess what? The husband said yes - I can afford it. The said barrister was disappointed as he was going to argue until the cows came home.  Some of the arguments for the money were creative to say the least.
Do you know how much it costs to run a helicopter?

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. 
Do you know how much it costs to run a helicopter?
monti, you are talking about the medivac chopper you own and fly :thumbs:

The government wants to extend family law to de factos.

the law allows people to apply any time - its does not apply for life automatically but can - nothing to stop it.  Its not strict - there are always legal ways to apply - whether a judge awards it or not is another matter.

'The Court has broad powers in considering what may be a proper or appropriate order for  spousal maintenance' - Walters FM 2005

As far as spousal maintenance goes - its still awarded - mothers who stay at home and have lost their ability to earn money and hence been 'disadvantaged' financially (by the marriage) so they end up getting the bulk of the  assets (on those considerations) and spousal maintenance as well.

Its a sad law that says people are victims of being married and need to be compensated. It was set up  in a time when women were not expected to work , were considered second class citizens and unable to support themselves.

I am surprised the womens movement have not asked this to be removed - as it denigrates women and their capabilities. But at least they can get more momey I suppose.

 Maybe I am not explaining myself well enough
Jon Pearson said
The government wants to extend family law to de factos.

Not 'the government'

By 'Government' you should state the 'State Governments' want to transfer this to the Commonwealth. This has been on the cards for several years because 'de facto' laws are State based and vary State by State which is contradictory as the Family Law Act is Federal.

The SRL-R people have had two cases, one male and one female where the partner has been severely disadvantaged because of the existing de facto legislation in NSW.


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

Soapboxing!

This is an age old problem that will only be solved when Judges become accountable/prosecution for their "benifit" s.142.2 of the Criminal Code, of protection from prosecution given to woman who make these false aligations, commit perjury, and commit contraventions in Contempt of Court Orders.

The FamCA matters I have that are heading for the HCourt may, if there is any justice in the Australian Courts, cause some of the what is called Judicial "Proved Misbehaviour" to be proved and prosecuted. Yes, Bryant CJ is one of the judges who I can "Prove Misbehaviour" of and about to put in a way judges like Hayne J of the HC can not obstruct.

Last edit: by Sisyphus

you know what is really weird? reading all the posts about moving posts into here then finding a genuinely moved post slapped in, which totally ruined the train of the original posts, thus making the thread out of kilter with the discussion underway. I was very tempted to report the moved thread as  :offtopic:  :offtopic:

/sings "lets do the time warp again"

When you are swimming down a creek and an eel bites your cheek, that's a Moray.
Jadzia said
/sings "lets do the time warp again"

 
What say you Jadzia - shall we run amok over the weekend while the red pens are at their conference?

Kiwi jokes on every thread regardless of how many posts we have?

This post is already in the dump, so I guess it will have to be the delete button for this one!



BriarRose said
What say you Jadzia - shall we run amok over the weekend while the red pens are at their conference?


The Red pens have internet access over the weekend and perhaps will be writing even more. :)
BriarRose said
Jadzia said
sings "lets do the time warp again"
What say you Jadzia - shall we run amok over the weekend while the red pens are at their conference?

Kiwi jokes on every thread regardless of how many posts we have?

This post is already in the dump, so I guess it will have to be the delete button for this one!
Katie, Your last sentence reminds me of the story of a very prolific letter writer, an eccentric Englishman. Apparently one of those upper class, double-barrel surname types. He became well known for the sheer volume of letters published in conservative English newspapers.

My favorite was this, (in words to the effect);

To the Editor

Dear sir,

I have this day written you another letter, but upon re-reading it I have throw it in the bin. I trust this meets with your approval.

Yours Sincerely

etc etc
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 Senior Site Moderator and Administrator
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