In what circumstances is maintenance payable?
Our People:
There is no automatic right to maintenance. The applicant must show a need for maintenance and demonstrate the other party’s capacity to pay.
When assessing whether maintenance is appropriate and the amount the Court will consider should be paid a variety of factors relevant to the parties, including their:
- Age and state of health;
- Capacity for gainful employment;
- Income and financial resources;
- Care obligations for a child under 18 years of age or other dependant; and
- Standard of living. In this regard an applicant is entitled to a standard of living which is reasonable in all the circumstances.
In determining the appropriateness of a maintenance order the Court must disregard any entitlement of the applicant to any income tested pension, allowance or benefit.
If a need for maintenance has been established, the capacity of the other party to pay is considered.
Our Family lawyer, Andrew O'Bryan, is available to review your situation and provide clear, easy to follow advice and take action to advance your interests.
We are located in Melbourne, Dandenong and Pakenham.
Melbourne Office
259 William Street
MELBOURNE VIC 3000
T (03) 9200 2533
E enquiries@galballyobryan.com.au
Dandenong Office
Shop 9/147-151 Foster Street
DANDENONG VIC 3175
T (03) 9769 2510
E nglavic@galballyobryan.com.au
Pakenham Office
Shop 1, 15 John Street
PAKENHAM VIC 3810
T (03) 5941 7990
E pakenham@galballyobryan.com.au