QLD Jurisdiction of Federal Magistrates Court to Extend Spousal Maintenance Order?

[Mumof3]

Self representing and I cannot find information regarding the jurisdiction of the cereal magistrates court on a variation of spousal maintenance order to extend. Application put in in 8 weeks before expired and allocated court date 10 weeks after application submitted, so 2 weeks after expired.

Need some help to justify the jurisdiction as it can only be varied when in force and I am hoping it can be varied despite the 10 week wait. Please let me know if you have anything to help me with this application.

FAMILY LAW ACT 1975 - SECT 90MG
Meaning of in force
(1) A financial agreement is in force at any time when it is binding on the parties in accordance with section 90G.

 

[Sarah J]

Hi Mumof3,

How did you go in this matter?

Apologies for the delay in response. The Federal Magistrates Court can modify a maintenance order under the Family Law Act 1975 (Cth) section 83. It is determined on a case-by-case basis and usually requires a substantial change in fact or circumstance.