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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42342
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I separated from husband 2 years ago. We were married

Customer Question

i separated from husband 2 years ago. We were married for 8 years and have a 8 year old daughter. Up until recently I was a stay at home mother and went back to uni mid last year. We are now in the process of discussing asset separation which includes a house 2 car and his debt. I would like to know if i could claim support from him for both myself and my daughter until i am finish with uni and what ratio of asset division is realistic.
Up until now he has supported us and on separate occasions said he would continue to do so including pay for my uni fees. My daughter and I still live in the house. He has since become involved with someone and now refuses to continue the support once the divorce is final. He claims that all debt will be paid from the proceeds of the home and that the rest would be divided equally and if he has to he will split his super with me 50/50. He earns roughly 160 000 pa does that change anything?
Submitted: 5 months ago.
Category: Australia Law
Expert:  Leon replied 5 months ago.
Good MorningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.For your daughter you can claim child support and this is done through the child support agency not the court. you spousal maintenance has to come via a court order. You have to apply to the court. Here is some information for you about how it works. law in property splits applies the following 4 steps. Step 1: Determine what the assets are and their value This will include all assets and their value as at the day that you are dividing them. It does not matter whose name the assets are in, they will form part of the matrimonial pool. Superannuation entitlements are also included. Step 2: Determine what contributions you and your Husband made towards the assets. This includes a consideration of both financial and non-financial contributions. Consideration is given to what assets each of you brought into the marriage as well. The weight given to your initial contribution will be dependent upon the length of your relationship. The longer the relationship the less weight given to the initial contribution. Step 3: What are each of your future needs. Consideration is given to your respective ages, your comparitive income earning capacity as well as other factors. IF these things don't balance equally for each spouse, then an adjustment is made in the percentages. Step 4: Make an order that is just and equitable between both spousesThe fact you do not work and you will be looking after the child will give you some leverage. But it is not simple to say what you will get and what can happen.It is a matter where you ahem to get more detailed advise and provide a very detailed history of all contributions and what has been happening throughout the relationship. But child support is independent of the spousal maintenance and the property split I hope this makes sense and is of assistance. If there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon

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