LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

ACT Ex Immediately Going Part-TIme After Separation?

Discussion in 'Family Law Forum' started by Derrange, 27 August 2016.

  1. Derrange

    Derrange Member

    Joined:
    27 August 2016
    Messages:
    3
    Likes Received:
    2
    For the last many years, my husband has been the sole earner. I only had moderately paid work before that. He now wants to separate, by moving out, and we want to work out a separation /financial agreement or property settlement ourselves. And amicably.

    Because he wants time to spend with our children, he intends to reduce his hours to part-time. However, even though he has every right to equal time with the children, this will cause us to have to borrow to live.

    Am I on good legal ground in thinking that this is unreasonable on his part?
     
    Timnuts likes this.
  2. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    I'm unclear as to how his choices about employment are of any concern to you after separation?

    If you're separating, it's up to him what he does in terms of employment to support himself, and it's up to you what you do in terms of employment to support yourself.
     
    Timnuts likes this.
  3. Derrange

    Derrange Member

    Joined:
    27 August 2016
    Messages:
    3
    Likes Received:
    2
    This choice is of concern to me because:

    1. There will be insufficient income to support us and the children in the period in which I am arranging to support myself (and my portion of the child support).

    2. The property pool will be reduced due to the increased debt.
     
    Timnuts likes this.
  4. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,043
    Likes Received:
    123
    So, firstly, well done on recognising his right to 50/50. Look, my thinking is this: to be a single parent, 50/50 is hard work and that means there has to be some compromises. So he's cutting down on work so to ensure he can be there for the kids - great.

    Now the property pool ain't gonna change that much because his income drops by a few thousand dollars a year. Now you've been a part time worker - so increase your work hours to something similar to what he is looking at doing. Problems solved.

    So you could fight it, and nope I don't see any legal grounds for you to insist he works more. Now by fighting it, you will both wind up spending 10's of thousands on solicitors. What will that do to the asset pool?

    That said, clearly he has a greater earning capacity to you and you have not worked for some time so that has impacted on things like your capacity to accumulate superannuation. Seems reasonable on those grounds that the asset division goes in your favour by 5-10%...
     
  5. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    In response to the question about being on good legal ground in thinking he's being unreasonable, you're not on legal ground at all with that sentiment because no Court has jurisdiction to order a person to work full-time instead of part-time.

    Likewise, he is not obliged to support you after separation unless ordered by the Court to do so by way of spousal maintenance. He is, however, obliged to pay child support if assessed to do so.

    I would suggest a property settlement, a chat with DHS about what benefits you may be entitled to while looking for employment, and a call to CSA to organise child support.
     
    Timnuts likes this.

Share This Page

Loading...