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QLD Child Support - Affected By New De Facto Relationship?

Discussion in 'Family Law Forum' started by Tamsin, 26 December 2014.

  1. Tamsin

    Tamsin Well-Known Member

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    Hi everyone,
    I have recently moved in with my new guy, and it has caused a whole new set of problems with my ex husband. He was paying child support, and also paying daycare fees for our son as I'm a full time student and don't work due to having the children most of the time. He's a very high income earner and the court forced him to do this, as well as pay me spousal maintenance.

    I know that the spousal maintenance is something that won't continue as it is now that I've begun a new de facto relationship. However, my ex has stopped paying both child support and daycare fees as well as the spousal maintenance.

    He told me I need to supply him with details of how much my new partner earns, how much his car is worth, how often I am allowed to use it etc. Is he entitled to this under duty of disclosure?

    Also, I know that it makes no difference how much child support my ex pays just because I am in a new de facto, but how about the daycare fees? It's a cost directly related to our son, and I am still earning no money as I wasn't when the court ordered him to pay it.

    Would the court say that my new guy should have to contribute to that? The only funds I've ever had of my own have been the spousal maintenance which will probably stop now. My new guy is very generous and supports me happily since my ex stopped paying anything, but my children really shouldn't have to be a financial burden on him too!
     
  2. AllForHer

    AllForHer Well-Known Member

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    Hello,

    You are correct in that spousal maintenance will probably stop, however child support is not affected by new partnerships unless the paying party is subject to extenuating circumstances, such as being on the verge of homelessness. If this isn't the case, then only your income and your ex's income is considered, not that of your new partner, and as such, your ex has no entitlement to know what your new partner is earning or the value of his assets.

    All fees, including day care fees, are considered to be covered by child support, so he will not be required to pay day care fees unless you share in an agreement to that effect.

    I hope this helps.
     
    Tracy B likes this.

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