Custody and Support Matters
The client, located in New South Wales, has been separated from her partner for approximately 6 months and they have two children, aged 2 and 4. There is currently no formal custody arrangement in place, and the client is not receiving any child support. Her partner was the primary income earner, and she is considering seeking spousal maintenance. The client has joint property or assets with her partner and wishes to establish a formal arrangement for shared responsibilities of the children. She has indicated a need for income support.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow do I apply for child custody and what factors will the court consider in determining custody arrangements?
To apply for child custody, you can start by filing an application with the Family Court of Australia or the Federal Circuit Court. The court considers the best interests of the children as the paramount factor, focusing on their safety, welfare, and development. Key factors include the children's relationship with each parent, the capacity of each parent to provide for the children's needs, and any history of family violence. The court also considers each parent's willingness to encourage a relationship between the children and the other parent.
What are my rights and responsibilities regarding child support, and how is the amount calculated?
In Australia, both parents have a legal duty to support their children financially, regardless of custody arrangements. Child support is usually calculated using the Child Support Agency's formula which considers the incomes of both parents, the number of children, and the percentage of care each parent provides. You can apply for a child support assessment through Services Australia to establish a formal support framework.
Can I request spousal maintenance, and what criteria will the court use to decide on my eligibility?
You can request spousal maintenance if you demonstrate financial need and your partner has the capacity to pay. The Family Court considers factors like your income, expenses, ability to earn, age, health, and responsibility for dependents (your children). Providing evidence of your financial need and the other party's capacity to pay is crucial.
What steps should I take to protect my legal and financial interests during this separation?
Focus on securing child support and spousal maintenance promptly. Consider applying for financial support through Services Australia. Initiating mediation to discuss parenting arrangements and property settlement can provide a structured approach to sharing responsibilities and assets. It’s important to update your financial documents and gather all relevant financial details.
How does the separation impact my rights to property and assets that we shared during the relationship?
In Australia, dividing property and assets after separation requires a just and equitable distribution under the Family Law Act. This process considers various factors, including contributions by each party and future needs. Keeping records of shared assets and financial contributions during the relationship will be beneficial.
