NSW Separation and Finances

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

markw

Active Member
27 January 2016
7
0
31
so my wife and I have decided to separate. Talking about it for a while and coming to the conclusion today. She says we are now separated but will live under the same roof till we find somewhere to live. I am the only income earner as my wife is on maternity leave (only Family payment). When I said I will set up a new bank account and move my pay into it she said ok so you're going to leave your wife and daughter to starve. I'm a bit perplexed. If we are separated shouldn't I at least be able to move any future income into my own account now and leave our joint account till we finalise separation? She said she needs to wait for Centrelink to start paying single parenting payment. If I move income to my own account I will start child support now.
 

Lennon

Well-Known Member
11 September 2014
270
36
719
She has a point, I think? What is she supposed to survive on until centrelink starts paying her?
 

markw

Active Member
27 January 2016
7
0
31
She has a point, I think? What is she supposed to survive on until centrelink starts paying her?
We will still have the money in our joint bank account (around $8000). I just want to protect what is my money now we are separated.
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
So I'm assuming she has decided to end it?
Mate I would take $4000 from the joint account and move out And stop paying for that house. By the sounds of things you have a very young child? So you're not likely to be getting much / any overnight care and you're probably gonna spend lots on solicitors, so saving what you can now is a good idea.

BUT a better idea is marriage counselling.... Worth a try or has it gone past that point??
 

Blessing

Well-Known Member
20 April 2017
70
8
224
Sydney NSW
Do you want to move your salary and not pay child support? Is she supposed to spend all the money in your savings account? What happens when that's finished?
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
hey - go easy on the fella and read his post again...he says that he would pay child support from the moment he separated their finances
 

Blessing

Well-Known Member
20 April 2017
70
8
224
Sydney NSW
hey - go easy on the fella and read his post again...he says that he would pay child support from the moment he separated their finances

that was my a question will be start paying the child support? I'm just clarifying things here so I can get better understanding. And by that I believe that's what his ex wife needs clarification that he's not just taking his salary and leaving her with a baby and nothing to support herself. Her response is likely far feeling like she's being left with nothing.
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
NOPE she is feeling like she wants to be separated, except for his wallet she want's to keep that. My understanding is Centrelink work pretty fast - It isn't like the dole where there is a waiting period. You go to Centrelink say you're a single parent and they start paying...

He has said from the outset that he'll pay child support once he is no longer contributing to her. That is all he has to do.
 
  • Like
Reactions: 457Visafraud

457Visafraud

Well-Known Member
16 April 2017
115
4
389
so my wife and I have decided to separate. Talking about it for a while and coming to the conclusion today.
I think that the reason for this separation would be of interest of a future family settlement.
She says we are now separated but will live under the same roof till we find somewhere to live.
That sounds like the lady made her plan in advance and decided what you have to do for her best outcome. She is waiting for a Court order where a Magistrate will decide on what you have to pay to her.
When I said I will set up a new bank account and move my pay into it she said ok so you're going to leave your wife and daughter to starve.
I read it like "so are you going to leave me without money?". She wants a separation with the benefits of a de-facto relationship!
If we are separated shouldn't I at least be able to move any future income into my own account now and leave our joint account till we finalise separation?
The separation is not finalised yet so why the kid with her, who decided it?
She said she needs to wait for Centrelink to start paying single parenting payment.
It's not your problem, just leave some money in the joint account and move out. Later a Jury will decide what to do, in the mean time you have given some money.
If I move income to my own account I will start child support now.
Fair enough and tell the fellow to find another partner so she will find the support she needs.
 

MartyK

Well-Known Member
4 June 2016
419
61
794
so my wife and I have decided to separate. Talking about it for a while and coming to the conclusion today. She says we are now separated but will live under the same roof till we find somewhere to live. I am the only income earner as my wife is on maternity leave (only Family payment). When I said I will set up a new bank account and move my pay into it she said ok so you're going to leave your wife and daughter to starve. I'm a bit perplexed. If we are separated shouldn't I at least be able to move any future income into my own account now and leave our joint account till we finalise separation? She said she needs to wait for Centrelink to start paying single parenting payment. If I move income to my own account I will start child support now.

Statements such as "my wife and I have decided to separate", and, "...but will live under the same roof till we find somewhere to live" suggest to me that she is trying to make this as amicable as possible. This is what everyone should be trying for, at least for the children's sake.

Yes, if you are separated under the same roof you can, and should, probably also separate finances.

How old is the baby? Has she given a reason for wanting to keep the finances together for the time being, other than just that she would like to wait for Centrelink? Perhaps you have a high income and a ridiculously high mortgage/rent which would place her in financial hardship, at this point in time, if she were left to cover some of these expenses on a Centrelink payment, even with child support, given it will likely be relatively low if you are both still living under the same roof?

Sorry, but unlike my fellow members above, I cannot draw any negative conclusions about your former partner based solely on the limited information you have provided.

Has there been any discussion as yet about care arrangements for the child when you all find new accommodations?