Did You Know? Frequently Asked Questions – Family Law

Did you know?

  • If your ex-partner fails to pay child support, you can stop him/her from leaving the country until he/she pays the child support debt in full?
  • If your ex partner continues to disobey court orders permitting you to see your children, you can apply to have the children live with you?
  • A Judge will assume your contribution as a caregiver and parent is equal to the financial contribution the primary income earner made during the relationship, going out to work?
  • A Judge may give a greater share of the assets to your ex-partner if his/her income earning potential is less than yours?
  • You can obtain a court order to stop your ex partner drinking or taking drugs whilst the children are in his/her care?
  • You can have a share of your ex partner’s super transferred from his/her fund to yours after separation, to top up your own super?
  • If you can’t agree what your assets are worth, then a Judge will make an order that a valuation of the assets be prepared by a licenced valuer, and you each pay half?
  • A Judge may make an order that your ex partner pay you spousal maintenance if you are unable to support yourself after separation?
  • A Judge may make an order restraining you from selling, mortgaging or encumbering your assets until the final agreement as to property settlement is reached?
  • Except in exceptional circumstances, it will take at least 12 months to get to a trial in the court?
  • Your ex partner can claim a percentage of your business assets?
  • Your super may be worth a different amount to the figure on the annual statement, depending on what kind of super fund you have?
  • A Judge can prevent you from moving interstate or overseas with your children?

Do you have questions about any of the above points? Or other questions not covered here? Contact Tim Donlan.