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SA Rice v Asplund for Property Matters?

Discussion in 'Family Law Forum' started by Cupcake, 4 May 2015.

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  1. Cupcake

    Cupcake Well-Known Member

    11 December 2014
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    Have a current proceeding for spousal maintenance and along with that have requested a departure application for child support due to other party refusing to pay half school fees.

    Conciliation conference achieved nothing and will proceed to a directions hearing. I was told that there were a few issues with my application.

    What could they be? Do I need to meet R&A for this??

    Any info is appreciated.
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    Rice & Asplund is applicable only for applications to amend final parenting orders in parenting matters. It's not relevant in the applications you've mentioned.

    Spousal maintenance is governed by the Family Law Act 1975. It's not ordinarily ordered unless it can be shown the applicant is experiencing financial hardship as a result of the separation. It may only be payable until a property settlement is reached.

    Child support isn't governed by the Family Law Act 1975, it's governed by the Child Support (Assessment) Act 1989.

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