8 Comments Family & de facto law, financial agreements, consent orders
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Easy to work out what child support payments are due.
Once you earn over about $140K/year the values max out (capped).
It is based around the number of nights care each parent has and the amount each earns.
Plugging in the ages of the children, $400K salary for him and $0 for you with him having 1 night a fortnight (just as an example) leads to $591.00 in child support.
Yes, he could be made to pay spousal maintenance on top of that. It is additional money that you can prove that you need that he has the capacity to pay. It sounds like there should not be a problem with his capacity to pay it - you would need a court order to force it into place however. If he is agreeing to meet your expenses overall, this is probably simpler for you than going through the lengthy process of going through the courts.
What do you mean by $500/week before child support agency starts up the payments? Is this an interim figure he is giving you?
Yes 500$ a week is interim figure till child support agency starts the actual payments. But he is paying for the rent along with electricity bills and home rent is 310$ a week. I am presently house wife and till a couple of years shall remain so because baby needs to be taken care of.
I also have medical graduate degree of India which isn't recognized in Australia. So I have to study and clear the exams here to join hospital later. Husband isn't letting me leave with kids to India because he is earning here a good sum and has our names on watch list at airport.
Husband has suggested in his affidavit that I apply for residency by self on basis of domestic violence. I am trying appointment with immigration lawyer in mean time to help me get back to India with kids as there I have support of parents and close relatives to take care of kids and join hospital and later do my residency in specialization in medical field. Husband isn't letting me go back to own country. Husbnd is also Indian citizen. Even baby is Indian citizen. So it is complicated.
Interim orders by mutual consent are rent and electricity bills and weekly 500$ right now by him to me and kids. I have no idea how much spousal maintenance I can get. So 591$ is for both kids per week as per child support agency. Thanks for giving me idea on this. Does this mean I am getting more than I should get ? My husbnd has always threatened me that he will never financially support me in case I separated from him.
But daily abuse by him was making kids suffer and me too lots. So finally I gave up. Any suggestions in this situation would be highly helpful to me. I feel stuck when I think of future. Yesterday husband wanted elder kid only on weekend for six hours. I didn't agree because my elder son had told me he doesn't feel safe with his dad indoors. His father changes as soon as he isn't in public.
I requested my lawyer that I am no one to decide on this and neither is my husband. I didn't want to separate both brothers. Son enjoys playing with his baby brother. I have asked my lawyer to let judge and counselors decide on this in best interests of both kids. Want happy and safe childhood time for kids. My husband used to never agree on this in past. He only loves elder kid lots. Though he is real father of both. He basically didn't want the second child and I had gone ahead with pregnancy. So that's the facts. It's bit confusing what future would be for kids arrangements as now I have decided to remain separated and divorce in next eleven months.
Note from icono: edited to put in spacing between paragraphs so it is easier to read - when it is dense it is very hard to understand and you will get far less responses. good luck!
iconoclast 2012-11-03 20:40:33
Although it may be difficult, it may be best for you to agree to access for your husband - particularly if it is only a 6 hour request.
Not doing so opens you up to claims of using access to the children against your ex. If you have significant grounds that the child is not safe in his care stipulate that access should be supervised - either by a friend or at a contact centre - or some activity centre the boy likes.
In terms of money - the $591 figure is for child support - the cost of rearing your children. On top of this you also need money to survive - and you are in definite need of spousal maintenance. It sounds like he is providing a reasonable amount at this stage - full rent, + utilities with $500/week on top - so all up approx $1000/week maybe. This is not necessarily more than you "should" get - but beyond child support there are no formulas for easy calculation of how much spousal support you should receive.
I think the overall figure at the moment sounds fair, particularly in light of his high income.
Thanks a lot Fatho 2 on your opinions and suggestions. I have told my lawyer I am happy that he gives time to both kids and there should be counselling of my son. Earlier before separation husband wasn't ready for counselling of elder kid. But now he signed papers of waratah for kids counselling. So that's good for kid.
I told my lawyer that I am happy with supervised access but supervision should be not by some Indian friend of husbnd. Husbnd is rich and gives beer and drinks parties to his Indian friends on weekends. I trust Australian supervision for kids and not any known Indian indoors for kid. Kid is happy too with supervised visits. Husband doesn't like the baby but separating kids isn't good idea as baby and elder kid r bonded well. Also baby deserves equally quality time with his father as much as elder kid deserves.
Thanks for clearing the doubts on maintenance of spouse and kids. So I should try making it permanent court order if possible till my baby joins play school or gets bit independent from me and I can hopefully be on my own then by doing exams and joining some hospital at training position if I have to stay in Australia and can't leave to own country due to airport watch list interim orders.
Will family courts change orders and let us leave to own country? It's been already two years and three months that I haven't been to my country and feels depressing due to being bound to stay here. I had moved for short term with my husbnd here but since now separated can't the courts let me leave to my country with kids? And divorce can happen in India when one year of separation is done. I don't have any support of parents and relatives here and so dependent on husbnd for
Back in India I can join hospital and I won't feel like a burden on my husband. Also my husabnd can work based in India like many Indian doctors r doing and one of his work colleague does. He has chosen to settle here because he doesn't want divorce in India as per Indian laws. It's confusing.
iconoclast 2012-11-03 20:42:46
The AFP order seems strange to me. Neither of you are Australian citizens.
If you officially do not have a visa with no longer being under his work visa, would it be an option to hand yourself in for deportation?
Could be one way around the problem, if you really don't want to stay in the country, you don't apply for a visa - then eventually you will be made to leave the country.
Yes that's y my lawyer seems puzzled bcos he doesn't know on immigration laws and he told me neither does my husbands lawyer know on it. So my lawyer knows my intentions to go back to my country with kids n have divorce in own country.
Lawyers fees r not too high in India n it is good for me there. I have interim order against me going to India with kids. In the orders even husbnd cannot go India. So my lawyer has applied on my behalf to an immigration lawyer to remove the interim order of watch list stuff. No one in family is Australian citizen or permanent resident including baby too. I hope judge lets me go when court hearing takes place. I have no support of parents or relatives here. Also no job here. As marriage has broken down n divorce can happen after eleven more months I would like returning India.
My husband feared that I would take money from our joint funds and more worried that I would take kids back to India as per his appeal in court and he sought interim orders of AFP watch list at airport. But as my sons Xmas vacations begin I wish to hurry up n go back India and start his schooling there.
Husband is on 457 visa as primary applicant and is an Indian citizen. I hope he cannot force me to apply along with for Australian residency and for kids too. In his affidavit he states that he has been adviced by some immigration lawyer that he knows I can get residency in Australia if I allege of domestic violence.
But I don't wish to stay here and I feel depressed because of break down of marriage and also my husband has a girl friend here. I feel lonely and cheated upon in life. Going back to my own country to my parents place is my wish. I hope my husband can't force kids to stay here without their mother. It's stressful for eight year old and baby only knows and recognizes me. Baby was never picked up and cuddled by his dad. His dad watched tv lots and was busy with his girl friend chatting via phone while at home. Baby is an unwanted child as per my husbnd. So when interim orders of agreement on finances were done yestrday at courts the baby screamed and didnt recognize his father when my husband tried to take him from baby sitter. Baby sitter later told me as I was in interview room with lawyer signing the papers.
I hope the courts here let me go back to India. My husband ll use kids as tools and his past two extramarital affairs were already enough to have emotionally drained me and kids get affected by all this. My lawyer is waiting for response from immigration lawyer. I do not intend to apply for residency here. So does it mean that my kids ll hav to stay here and I would only be deported to India. My husband always threatened me with this. It's tricky situation.
I love staying in Australia and Australians r really so supportive and nice people but because of husbands abuse indoors and marriage breakdown I wish to go back to own country.
iconoclast 2012-11-03 20:46:09
Your CHILDREN have an inalienable right to see their father. Whether or not he wants to see them.
You MUST await the process and should not be planning to go to India until it settles. You are in Australia now and bound by Aussie law - like it or not.
Of course your husband will not want a divorce in India because of the disgusting and widespread abuse of the Dowry laws - and the extortion that accompanies it. 97% of Dowry cases are found to be trumped up and nothing but vicious attempts to extort money from the husband and his family. The true sufferers of Dowry abuse are poor rural women. But only wealthy educated urbanites use this toxic legislation. It takes around 5 to 7 years to get a divorce in India now because the backlog through the courts is so great. I do hope you are not planning any such action yourself - that would be totally unfair and may be seen to be maliciously motivated. Suggest you read the many dowry law websites.
I have an Indian friend whose arranged marriage wife went to India and filed there when the Aussie Family Law process was on foot. He was arrested in India with his parents and her family started the extortion. Now this is actually criminal conduct. But you seem reasonable. Please do not be tempted to try this rubbish on.
I believe you will get a far better settlement here. Just be patient. Find some Indian friends - join the local association and wait the process. It can be done and you will probably be seen as the calm, sane reasonable one who is doing everything in her power to get a fair and reasonable settlement and acting IN THE BEST INTERESTS of everyone.
Thanks for your reply ... I am not doing this for any waste of life time in dowry allegations. It's an abusive relationship. I have had my counselling sessions here going on. I never wanted to break the marriage. But past two extramarital affairs of husbnd inindia and now he having alcoholic weekends here and being constantly daily verbally abusive to me and kid witnessing all these is enough to have tolerated. I feel lonely and depressed here and basically miss my parents who r old now back in India. Husband can work based in India but he has got a girl friend again now. He won't move to India. He wanted me to be in marriage and face daily abuse nd he have his gf too ! Coming to Australia was the best thing that happened in my life and I came to know how bad our Indian culture is and opened my eyes to abuse I have been facing in marriage since long. No such counselling happens in India. I am not looking for some financial settlement in life and living permanently here. In India I can be on my own and donot need money from my husband as in previous four abandonemnts in past ten years he never paid Hosp bills for kid in india and never bothered to ask on health of elder son who was then a toddler. Eight year old bed wetting and father threatening me to get out of his house daily with unwanted second baby as per my husband and that he ll keep the elder son. I had been calm and quiet knowing that some personality issue with husbnd because it's in cycles he has terrible mood swings and feels like constant mid life crisis situation for him. Dowry is something that I find ridiculous to talk about when reality is so short life and loneliness and wanting to be in own land. I have always told my husband to not be aggressive and not shout after drinking. If things don't work it's fine to part amicably but he wants control over everything. He can earn the same amount working for the same Hosp but being based in India. So he should be able to move back too. I am not after financial settlement stuff. I am happy being on my own in India. As far as kids future is concerned their father can afford the best things in life for higher studies too. So that doesn't matter. India isn't a bad country. Australia is a nice place to live provided your marriage is going good but in event of breakdown it's a lonely place ! Any divorce or break up is life crisis situation.