Spousal Maintenance & Child Support

Spousal Maintenance Claims and Eligibility

A spousal maintenance claim arises under section 72 of the Family Law Act 1975, which imposes a duty on each party to a marriage or de facto relationship to support the other party if they are unable to support themselves adequately. To succeed in a spousal maintenance claim, the applicant must demonstrate that they cannot meet their reasonable living expenses from their own income or assets, and that the respondent has the financial capacity to pay maintenance. Factors that affect the applicant's ability to support themselves include caring for young children, age, physical or mental disability, lack of recent workforce participation, limited employment skills, and other circumstances that impact earning capacity. The court will consider the standard of living that the parties enjoyed during the relationship and whether the applicant can maintain a reasonable standard of living post-separation. Spousal maintenance applications should be made as soon as possible after separation, as delays can affect the outcome. In Queensland, the Federal Circuit and Family Court of Australia has jurisdiction to hear spousal maintenance matters, and the court can make interim orders for urgent maintenance while the final application is pending.

Child Support Assessments Through Services Australia

Child support in Australia is primarily assessed and managed through Services Australia (formerly the Child Support Agency). The formula used to calculate child support takes into account the taxable incomes of both parents, the number of children, the age of the children, the percentage of care each parent provides, and the cost of children as determined by government tables. The parent who has the majority of care (usually 65% or more) is generally the parent entitled to receive child support, while the other parent is the paying parent. However, if care is shared equally (50/50 or close to it), neither parent may be required to pay child support to the other. Parents can also enter into a binding child support agreement that departs from the formula, provided the agreement is in writing and signed by both parties. If a party is not satisfied with the child support assessment, they can apply to Services Australia for a change of assessment on specific grounds, such as that the assessment does not reflect the parents' actual income or that there are special circumstances affecting the costs of the children. Objections to decisions can be lodged, and ultimately the matter can be reviewed by the Administrative Appeals Tribunal.

Duration and Variation of Maintenance Orders

Spousal maintenance orders are not intended to provide indefinite financial support. The court will usually make an order for a fixed period, giving the recipient time to become self-sufficient through retraining, education, or workforce re-entry. In cases where the recipient is unlikely to ever become self-sufficient — for example, due to permanent disability or caring for a child with a long-term disability — maintenance may be ordered for an extended period or indefinitely. Spousal maintenance orders can be varied or terminated if there is a significant change in circumstances. Common reasons for variation include a change in the payer's income, the recipient being able to support themselves, remarriage of the recipient, or the death of either party. Child support assessments are reviewed annually by Services Australia based on updated income information. If a parent's income changes significantly, either parent can apply for a change of assessment. Child support orders generally continue until the child turns 18, though they can extend to age 18 or beyond if the child is in full-time secondary education or has a disability. Parents can also agree to extend child support beyond the usual duration through a binding child support agreement.

Spousal Maintenance & Child Support FAQs (Queensland Law)