Spousal Maintenance & Child Support in Australia
Family Law Experts in Spousal Maintenance & Child Support
When a relationship ends, financial stability can become a pressing concern — especially if you were financially dependent on your partner or are the primary carer of your children. At Dorter Family Lawyers & Mediators, we provide tailored legal advice on spousal maintenance and child support, helping you understand your rights and secure the support you need.
We are a trusted team of family law specialists based in Sydney, with extensive experience in:
Spousal maintenance applications
Child support and child maintenance matters
We understand that every family law matter is unique. Our goal is to provide clear, compassionate, and strategic advice that empowers you to move forward with confidence.
Talk to our expert family lawyers today – Book a confidential consultation or call (02) 9929 8840.
Sydney Family Law Team.
Led by Rebekah Dorter and our senior partners, our team consists of accomplished professionals who are not only highly knowledgeable in their respective fields of family law but also deeply committed to delivering exceptional results.
What Is Spousal Maintenance?
Spousal maintenance is financial support paid by one partner to the other following the breakdown of a marriage or de facto relationship. It is separate from child support, which is intended solely for the care of children.
Under Section 72 of the Family Law Act 1975, a person may be entitled to spousal maintenance if they are unable to adequately support themselves due to:
Caring for a child under 18
Age or physical/mental incapacity
Other adequate reasons
Spousal maintenance may be paid as ongoing periodic payments (weekly/monthly) or as a lump sum.
Who Can Apply for Spousal Maintenance?
You may be eligible to apply if:
You are divorced (application must be made within 12 months of the divorce order)
You were in a de facto relationship (application must be made within 2 years of separation)
Your marriage was annulled (application must be made within 12 months of the decree of nullity)
If you miss these deadlines, you may still apply with special permission from the Court.
Importantly, spousal maintenance is not an automatic entitlement or requirement for either party of relationship following separation. Whether you or your former partner are entitled to receive or pay for spousal maintenance will depend on both of your particular financial circumstances.
How to Apply for Spousal Maintenance
To apply, you’ll need to submit:
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Specifying the amount and duration of support
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Detailing income, expenses, assets, and liabilities
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Outlining your financial history and relationship circumstances
Applications are filed with the Federal Circuit and Family Court of Australia. If urgent financial support is needed, you may request an expedited hearing.
What Does the Court Consider?
When assessing a spousal maintenance application, the Court evaluates:
The applicant’s financial need and inability to support themselves
The respondent’s capacity to pay
Age, health, and earning capacity of both parties
Care responsibilities for children
Standard of living during the relationship
Any existing property settlements or financial agreements
Contributions made by the applicant to the respondent’s financial position
Child Support After Separation
Child support is a separate legal obligation designed to ensure children receive adequate financial care. It is typically managed through Services Australia (Child Support) but can also be arranged privately or through binding child support agreements.
Our team are also child support lawyers in Sydney who can help you:
Understand your child support entitlements or obligations
Negotiate fair child support arrangements
Draft binding child support agreements or consent orders to include child support departure orders to ensure sufficient financial support is being provided to your children.
What Is Child Maintenance?
Child maintenance refers to financial support provided for children who are not covered under the standard child support scheme—typically those over 18 who are still dependent due to education, disability, or other special circumstances.
Under Section 66L of the Family Law Act 1975, a parent or guardian may apply for child maintenance if the child:
Is over 18 and still completing secondary or tertiary education
Has a physical or mental disability that prevents financial independence
Requires ongoing financial support for other valid reasons
Child maintenance is assessed based on:
The child’s financial needs
The capacity of each parent to contribute
The educational or medical circumstances of the child
Applications for child maintenance are made through the Family Court, and may be included in broader parenting or financial proceedings.
How Child Support Is Assessed
Child support is commonly assessed by Services Australia under a legislative formula. The assessment considers matters including each parent’s income, the costs of raising children, the level of care provided by each parent and the child’s circumstances. A child support assessment may be appropriate in straightforward matters. In more complex circumstances, further legal advice may be required.
This may include matters involving:
High income earners
Self-employment
Trusts or company structures
Non-disclosure of income
Private school fees
Medical or therapeutic expenses
Child Support Agreements
Parents may enter into a child support agreement to provide greater certainty about financial arrangements for children. Child support agreements can deal with periodic payments and specific expenses, including school fees, health insurance, medical costs, tutoring and extracurricular activities.
Binding child support agreements require both parties to obtain independent legal advice before signing. We advise on the terms, risks and long-term effect of child support agreements before they are entered into.
Child Maintenance and Additional Expenses
Child maintenance issues often extend beyond of the parameters of child support and usually involve financial arrangements where child support is not available whether this involves dependent adult children or children living in other countries. Parents may need to consider how additional expenses are paid and documented.
Clear advice at an early stage can reduce uncertainty and avoid future disputes.
Child Support Departure Orders
A departure order made by the Federal Circuit and Family Court of Australia (Court) may be relevant where a child support assessment does not properly reflect the financial circumstances of the parties or the needs of the child.
This may arise where one party has significant assets but limited declared income, there are special costs or expenses associated with the child, or the assessment does not reflect the true financial position.
Seeking a departure order from the Court matters require detailed preparation and evidence and may not necessarily be available for all parties. We advise on the strength of the application, the risks involved and the best strategic pathway.
Complex Financial Circumstances
Child support disputes can become more complex where income, assets or financial resources are not straightforward. This may include matters involving business interests, trusts, companies, overseas income, asset-rich but income-poor parents, non-disclosure, disputed earning capacity, or related complex property and parenting proceedings. Our solicitors take a detailed approach to identifying the relevant financial issues and preparing the matter with precision.
Resolving Child Support Disputes
Child support disputes may be resolved by negotiation, written agreement, administrative processes or Court proceedings where required and when appropriate
We provide legal help and representation in child support matters where strategic advice is required, including disputes about assessments, agreements, expenses and enforcement issues.
How We Assist
We provide advice in relation to:
Limited Child support agreements
Binding child support agreements
Child maintenance order applications
Departure orders applications
Negotiation and settlement
Court representation where required
Our approach is focused on clarity, preparation and protecting your position and only seeking court intervention when necessary after attempted negotiations.
Speak with a Child Support Lawyer in Sydney
If you require advice about child support, child maintenance, a child support agreement or a disputed assessment, contact Dorter Family Lawyers & Mediators.
Spousal Maintenance & Child Support | FAQs
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Generally, if you were married, you must apply for spousal maintenance within 12 months of your divorce becoming final. For de facto relationships, the limit is 2 years from separation.
If you miss these deadlines, you can still apply, but you need the Court’s leave (permission). The Court will only grant leave if hardship would be caused to you or a child if leave is not granted, you have a reasonable explanation for the delay in bringing proceedings, and that there is a reasonable prospect of success. -
There is no fixed formula or calculation to determine the amount of spousal maintenance to which you may be entitled. The Court evaluates the factors as listed above including tour reasonable needs and inability to support yourself adequate and the other party’s capacity to pay.
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Generally, yes. Spousal maintenance is separate from child support payments. Child support payments are for the benefit of your children whereas spousal maintenance is financial support for a part who cannot adequately support their own financial needs. However, it is important to obtain legal advice for tailored legal advice as to your prospects of success and weigh up the legal costs of making such an application.
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There is no automatic duration. Orders can be:
Urgent or interim (short-term)
Fixed-term (e.g., until retraining is complete)
Until further order.
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Yes. Under s 77 of the Family Law Act 1975, the Court can make an urgent maintenance order if:
You are in immediate need of financial assistance, and
It is not practicable to determine the full application immediately.
However, usually time is of the essence for these matters and it is important to speak to a family law expert to assess your prospects of success and prepare an urgent application where necessary and appropriate
Ready To Move Forward?
Talk To A Lawyer.
Book a confidential consultation with a family law specialist today.
Call (02) 9929 8840 Or Request a call‑back via our contact form.
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