SA Rice v Asplund for Property Matters?

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Cupcake

Well-Known Member
11 December 2014
51
5
224
Hi

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.
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
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.