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VIC Separation with Husband - How to Claim Spousal Maintenance?

Discussion in 'Family Law Forum' started by Chris26, 7 December 2015.

  1. Chris26

    Chris26 Active Member

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    I separated from my husband in October. Can you please tell me how to go about claiming spousal maintenance?
     
  2. AllForHer

    AllForHer Well-Known Member

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    The court doesn't often order spousal maintenance these days, and where it is ordered, it's usually just until property settlement is completed. You can file an initiating application after attending a family dispute resolution conference with the other party.

    The court considers a variety of elements, such as age and health, capacity to support yourself, capacity of the other party to pay spousal maintenance, any existing assets, what constitutes a reasonable living standard and whether the marriage impacted your capacity to work.

    Generally speaking, the court won't order spousal maintenance unless the other party is wealthy and you are unable to work.
     
  3. Chris26

    Chris26 Active Member

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    Ok, because he literally took everything: money, food, clothes, and both cars. Spoke to Centrelink, and I have to wait until January before I start to receive any assistance at all, so what am I meant to do in the meantime?
     
  4. sammy01

    sammy01 Well-Known Member

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    You won't get to court before January. And as the other poster mentioned you're not likely to get spousal maintenance. Are you currently residing in the family home?
     
  5. Chris26

    Chris26 Active Member

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    In a rental until the 20th then I don't know after that. No money means no food or roof over mine and the children's heads
     
  6. sammy01

    sammy01 Well-Known Member

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    Are you getting child support? You could also be entitled to family tax benefit and possibly the single parent payment. Visit centrelink
     
  7. Chris26

    Chris26 Active Member

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    They're not his children, their dad died 10 years ago
     
  8. Temujin

    Temujin Active Member

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    Put a block on assets, and stand on your own 2 feet. Do whatever it takes.
     

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