When a marriage is dissolved, there is more to breaking up than one might expect. Besides the emotional toll, there is also a financial burden placed on one or both spouses. Spousal maintenance can be granted to one of the persons, depending on their existing income as well as their future ability to make a living. For more detail information, contact lawyers for families in Sydney.
Not The Same as Child Support
Spousal maintenance is not the same thing as child support. Support for a child or children is for the care and maintenance of the children that were created during the marriage. This type of support will be for food, school, clothing, medical and dental needs, in addition to rent or mortgage. It can also be used for extracurricular activities the child is interested in, like dance or sports. Child support is to help maintain a standard of living for the child or children that is equal to what they were accustomed to during the marriage of their parents.
Spousal Support
Spousal support is a sum that represents the current capital assets and future incomes of one of the formerly married persons. It is based on the ability of an ex-partner’s ability to meet his or her own needs for maintaining a comfortable life, as well as the other persons ability to pay. This may or may not include their ability to care for a child. This means that a spouse could request support from their ex even if they do not have any children to care for and support.
Considerations
The courts consider several facts when determining who receives the spousal support in addition to the monetary sum of monthly support. They include the ability to earn an income through work, the impact marriage has on the income, the health and age of each partner, and the standard of living where the couple lives.
Facts that can also determine the amount and which spouse can pay could include if one of the spouses has been unemployed or taking time off from the workforce to care for children or an ill family member.
Length of Support
Every divorced couple is different and will be judged on their own ability to pay, however, the length of time a spouse will need to pay is predetermined. The baseline for payment is until the former spouse can maintain their own financial life. This could include but is not limited to the completion of a specific training or schooling, in addition to moving to a better house or city, and upon acquiring a new marriage. If none of these things occur, spousal support can continue past the point of the last of the children becoming of age, age 18. This is because spousal support and child support are two different things. In addition, spousal support does not consider the circumstances of the spouse paying. This means that the spouse ordered to pay can become newly married or have more children.
Mediation along with honest accounting of the family’s finances are going to be the best determination for the granting of spousal support and for which person will be paying.
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