QLD Separation with ex, settlement and child support

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Aaron H

Member
15 October 2019
2
0
1
Hi,

I'm currently separated from my ex wife now for 8 months now and we have 3 children together and a house together

I moved out and left her the new partner and the kids there. my kids are aged 16 yrs, Twins 11 yrs. we have a verbal agreement between each other and seems to be okay at the moment.

My question/s are

1. If things turn bad 2 - 5 years down the track and she wants me to pay child support will i be made to back date to when we separated?
2. If after 12 months she is still occupying our property we have together. will I still have a say when it comes to a sale?

Appreciate any help thanks.
 

sammy01

Well-Known Member
27 September 2015
4,093
582
2,894
1. Child support is payable from the date she applies, so nope not back dated
2. Yes..
But warning... Leaving this stuff to fester for years will bit you in the bum. Assets are divided based on time of settlement NOT time of break up or time of divorce. So don't win lotto right now, don't get an inheritance. If you save save save and she spends spends spends, your savings will be part of the pool HER spending will be wasted money.

My advice? Well look kids are the most important thing in my world. So If you're happy with the amount of time you're spending with the kids then get a good 9-12 month history of that set of arrangements and don't rock the boat... But get assets done in the next 12 months.

Things often start rosie... I can remember my ex saying 'I will never stop you seeing the kids'. What she meant was here is a photo of them... Look at it because you won't be looking at them...
 

william James

Member
3 September 2019
2
0
1
Well, you situation is quite not that complicated. Just, create a financial agreement that will include how property and assets will be divided. You can also mention other terms in financial agreement such spousal maintenance, child support. financial agreement will not only help you in separation but also help you in further legal consequences.