Divorce and separation can be emotionally and financially tough for anyone, especially if children and shared assets are involved. For women in Western Australia, understanding your rights to spousal maintenance and child support is key to securing financial stability.
As experts in this area, this guide will help you understand your entitlements and the steps to take. Let’s begin with understanding what spousal maintenance is.
Understanding Spousal Maintenance and Child Support
What is Spousal Maintenance?
In brief, spousal maintenance is the financial support one partner provides to the other after separation or divorce. In Western Australia, the Family Court may order this if one spouse cannot support themselves due to age, health or having to care for young children. Unlike property settlements, which divide assets, spousal maintenance ensures the financially weaker spouse can meet daily needs.
We know that women are often entitled to this support, especially if they’ve been out of the workforce to care for the family.
What is the Average Amount of Spousal Maintenance in Australia?
The amount of spousal maintenance in WA varies by case, with no set amount. In general, the court considers factors like income, expenses and financial needs, in order to provide support that will help the recipient maintain a similar standard of living to what they had during the relationship.
What is Child Support? How is it Different from spousal Maintenance?
Child support is a separate form of financial assistance. It is intended to cover costs associated with raising a child such as education, medical expenses and day-to-day care. Child support is calculated based on the income of both parents and the amount of time the child spends with each parent.
The distinction is that while spousal maintenance is designed to support an ex-spouse, child support is solely focused on ensuring that children are financially cared for, even if their parents are no longer together.
Eligibility Criteria for Spousal Maintenance
Who Can Apply for Spousal Maintenance in Western Australia?
You can apply for spousal maintenance in WA if you are divorced, separated from a de facto partner or even if you’re still married but separated. To be eligible, you must demonstrate that you’re unable to support yourself due to reasons such as:
- Having to care for children from the relationship,
- Physical or mental health conditions preventing you from working, or
- Being financially disadvantaged after years spent out of the workforce.
Factors Considered by the Court
When deciding on spousal maintenance, the court will examine both your financial needs and your former partner’s ability to pay. Overall, the following factors are considered:
- Your income, assets and financial resources,
- Your age and health,
- The length of your marriage or de facto relationship,
- Whether you are the primary carer of any children from the relationship, and
- Your partner’s financial situation.
Common Scenarios Where Spousal Maintenance is Granted
We’ve found that spousal maintenance is commonly granted in situations where one spouse has given up their career or education to care for children, or has significantly contributed to the household, leaving them financially dependent on the other spouse.
If you’re unable to find employment due to age, illness, or the need to care for young children, spousal maintenance could be a critical source of support for you.
Eligibility Criteria for Child Support
How Child Support is Determined
In Australia, child support is primarily calculated using a formula that considers both parents’ incomes, the number of children and the amount of care provided by each parent. The Department of Human Services (DHS) manages the child support system and the assessment aims to ensure that ultimately, children receive adequate financial support from both parents.
Parental Responsibilities and Financial Obligations
Parents have a legal obligation to provide for their children, regardless of their relationship with the other parent. So whether you’re the primary carer or the non-residential parent, child support ensures that financial responsibilities are shared and that your child’s needs are met.
Steps to Apply for Child Support in WA
To apply for child support in Western Australia, you can either make a private arrangement with your ex-partner or request a formal assessment through the DHS. The assessment will use a detailed formula to calculate the appropriate amount based on both parties’ incomes and child-rearing arrangements.
We can assist you through this process. Find out more about how we can help with the child support process and contact us for a free consultation.
How to Apply for Spousal Maintenance or Child Support
Filing the Application
With our help, applying for spousal maintenance or child support begins with applying to the Family Court of Western Australia, and you’ll need to detail why you need the support you are seeking.
Documentation and Evidence Required
It’s essential to provide as much relevant documentation as possible to support your application, including financial statements, proof of income and details of your living expenses. If you’re applying for child support, you’ll need to supply relevant information regarding custody arrangements and the costs associated with raising your children.
Legal Support and Advice
Navigating the legal system can be complex and time-consuming. The family lawyers at Genuine Legal, can help you understand your rights, prepare your case and ensure you have the strongest possible claim.
Common Challenges and How to Overcome Them
Dealing with a Non-Cooperative Ex-Partner
Dealing with an ex-partner who refuses to cooperate with child support or spousal maintenance issues can be stressful. The court can issue enforcement orders and the DHS can step in to ensure payments.
At these times, legal support is crucial and,as a family lawyer, we can help you take the right actions.
Navigating the Legal Process
Filing for spousal maintenance or child support can feel overwhelming, especially when you’re already dealing with the emotional fallout of a separation. Professional legal assistance can help you understand each step of the process, ensuring you’re well-prepared and confident.
How Genuine Legal WA Can Assist You
Personalised Legal Advice
At Genuine Legal WA, we understand the challenges people face during divorce and separation. Our team provides personalised legal advice, ensuring that your individual circumstances are considered when pursuing spousal maintenance or child support.
Support Throughout the Legal Process
From filing your application to representing you in court, we offer support at every stage of the process. Our experienced family law team is dedicated to helping you achieve the best possible outcome for you and your children.
Next Steps for Women Seeking Support
If you believe you’re eligible for child support or spousal maintenance, or need legal counsel on family law matters, schedule a free consultation with the Genuine Legal WA team today.
