VIC Spousal Maintenance in the Final Orders?

[SamanthaJay]

I'm about to settle financially with my ex. We have finally come to a property settlement agreement with a week to go until trial. In the order (drawn up by the other side), they've included a paragraph for spousal maintenance. I did not seek spousal maintenance, although it was mentioned in a letter from my lawyer early on in an attempt to get my ex to settle but I did not persist with it. He earns more than 3-4 times more I do so this was the reasoning for bringing it up in the first place.

From various posts I've read here (especially from AllForHer), it's generally accepted that it's difficult to get the Court to agree to SM.

I questioned it briefly with my lawyer when we were going over the Order and I got the impression from him that it doesn't really mean anything - they've just adjusted the settlement terms to say that a certain amount of it is SM. I didn't want to discuss it any further with my lawyer because, you know, time is money when it comes to talking to your lawyer!

The paragraph reads (what I'm saying is that I don't really understand it and on further thought, I would like to ensure that I'm not disadvantaged by it):

"That the provisions of Order 2 is a provision to which section 77A of the Family
Law Act 1975 (Cth) applies, and of the payment made pursuant to that Order the
lump sum of $blah blah is attributable to spousal maintenance for the Applicant."

With an amount called SM, I'm under the percentage that we agreed to. But from what I understood of my lawyer, I'm not really, they've just called part of the percentage something else.

Do I make sense? Anyone have a clearer explanation for me? Thanks!

 

[sammy01]

My thinking is that if you're getting the % you wanted (near enough), does it matter that a part of it is called SM?

My thinking is maybe that they have mentioned it and called it that for appearances and so you can't make a claim for SM afterwards as it is already addressed.

 

[SamanthaJay]

After reading a few more posts here about SM, I think you're correct sammy. I didn't realise you could make a SM claim afterwards.

No, it doesn't matter. I was just suspicious because his lawyer has been dishonest many times over. We could have settled over a year ago at the same figure but he was led to believe he was offering a bigger % than what he actually way. He pounded our kids with 'your mother is greedy', 'you mother is trying to take away your home', 'your mother wants what no judge will give her' etc etc etc.

The kids weren't privy to the figures. I put it into excel over and over again and kept coming up with 27% less than what his lawyer was saying it was. They were called out on it but she insisted. He was too stupid to get the calculator out and work it out for himself.

3 weeks ago, we set it out, dumbed down for both of them, and he finally realised he'd been wrong. The lawyer said, oops, I made a mistake. I don't think so. So we've both pretty much doubled our legal fees for what she calls a mistake, not to mention the rubbish he's been putting in our kids' heads.

 

[Time101]

Hi Samantha.

Why didn't you asked for SM when you got separated.

I've been recently separated going to court tomorrow re SM.

Representing myself, so I'm nervous about it.

Family Lawyers are very expensive and I find them dragging the case for longer than its needed. So decided to go on my own.

Good luck with your property agreement. Wish you all the best.

Let me know how you go.

 

[sammy01]

So just out interest... What was the % split to you? Do you reckon it was close to fair? I'm guessing you're primary carer and he is paying CS?

Just interested... My ex got about 60% even though she never worked... The youngest kid was 6 mths old when we split... All seemed reasonably fair. She wanted 105%. Yep, 105% so clearly the solicitors got rich of her greed...

But about 18 months after the ink had dried on the consent orders she left the kids with me..... But all in all, a good result, kids happy, me happy.

 

[Rod]

My feeling is the SM para is there to head off future SM claims.

 

[Time101]

Any reason why u didn't claim SM earlier.

Sounds as though your property settlement took a while to get. What was your % in the end.

I'm going for SM today.

No lawyers involved. Did all paperwork myself.

Hope all goes well in your case. Good luck.

 

[SamanthaJay]

50/50 Sammy. Youngest is now 18 but was 16 when we started hashing this out. He has never paid child support and I left with my car and what I could fit in it. I worked our whole relationship in 'his business' but never received a wage, also on the farm and then the last 4 years before I left, when he stopped paying the bills, I also worked night shift 3 to 5 nights a week. 3 kids. I have never denied he worked hard but I did as well. I was repeatedly told I would more likely get 60/40 if it went to trial but like you say all the time, the solicitors will get rich out of it.

My current partner has an ex like yours Sammy. They ended up settling on 75 to her, 25 to him but they still had 2 dependant kids with her 10 days out of 14.

Thanks Rod. That sounds right.

 

[SamanthaJay]

sorry Time101, I missed your posts!

It has taken awhile. I officially left the property 27 months ago but I wasn't ready mentally to attempt a financial settlement until I'd had counselling. We had a long relationship - 30 years! Also a long history of abuse that got worse and worse until I was fearing for my life. I finally found the strength to get out. I've sacrificed a lot to get to this point. He has lost a bit of money, and sad to say, one of our children say they will never have anything to do with him ever again. But money is everything to him and I will look over my shoulder for the rest of my life.

My lawyer said it was very difficult to get SM, and I found that advice reflected here in the forum as well. How did you go today? You're really brave SR, I didn't have the courage to deal with him on my own. Judge has approved and will be making Consent. Good luck to you as well. Keep us updated!

 

[Time101]

Hi Samantha.
Thanks for the reply.

Things went well. I did get SM.
The judge was fair and I wasn't out to get him to pay reticulum amount in SM.

My ex has made my life a living hell.

I wax married for just over 20 years.

Has been tough and still going through family court.

Sorry to hear about your situation Samantha sounds awful. I know how you feel cause I'm feeling the same way.
My kids feel the same as yours do. Breaks my heart.

Hardest part in all of this is how a person after 20 years of marriage be so vindictive.

Court again next month. Starting to think I should live next door to Perth family court.

Hope yours is going well. Please keep me posted. Peace.