Your capacity to pay spousal maintenance may be assessed differently to your capacity to pay child support. That is, your capacity to pay spousal maintenance may be assessed more generously.
In DJM v JLM (1998) FLC 92-816 the court determined the husband had a higher earning capacity than what he was earning at the time. They therefore assessed his child support payments using his potential earning capacity and he was required to make payments.
They assessed his capacity to pay spousal maintenance using his current income and determined that he was unable to make payments.
Financial matters can be very complex. We therefore recommend you seek legal advice from one of our very experienced Perth family lawyers. We invite you to discuss your particular matter with our Legal Practitioner Director, Ms. Shannon Bodeker, who has been working in family law for over 20 years.
Prior to your first appointment, you may send us an email, fax or similar, outlining your situation in as much detail as you like. This information will be read on a complimentary basis prior to your first family law appointment. We get to know you and your family law matter before we meet.
Please note this is not family law advice. It is important to seek advice specific to your circumstances. We are very experienced Perth family law solicitors and can provide you with the very best legal advice regarding financial matters.
Email our Legal Practitioner Director, Shannon Bodeker at firstname.lastname@example.org, for your complimentary pre-read and first appointment at a reduced rate.