Spousal Maintenance & Child Support in Australia

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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:

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.

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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.

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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.

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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.

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How to Apply for Spousal Maintenance

To apply, you’ll need to submit:

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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

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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.

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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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