Couple – married 12 years – Children 10 and 6

Husband is 54 yrs and Wife is 42 years, married in 2004 with two children aged 10yrs and 6yrs, separating in October 2016 after 12 yrs of marriage.

Husband ordered to pay $3,000.00 per week spousal maintenance in addition to fact he already pays:

  • Most of the expenses for the children;
  • Mortgage and loan repayments
  • $1,250 per week motor vehicle costs for 2 cars available to her;
  • Contributions to her Superannuation
  • Private health insurance;
  • Gardening and lawn mowing expenses
  • Cleaning expenses; and
  • The reimbursement of some expenses paid by credit card

Husband worked as a medical professional earning $30,200 per week (before tax of $10,076 per week). Husband has a new partner, wife does not. Prior to having children the wife had worked in a professional capacity and ran her own business but had not worked since having children, being their primary carer and responsible for household duties.

Both children now in Primary School, are also enrolled in after school care and spend two hours each day travelling on a bus between school and home, primarily living with the wife.

Husband was already paying $2,300 per week as spousal maintenance, as well as many expenses for the wife’s benefit including $1,250 per week motor vehicle costs for the 2 cars available to her, contributions to her Superannuation, private health insurance, gardening and lawn mowing expenses, cleaning expenses and the reimbursement of some expenses paid by credit card. Despite this, the wife applied for her Spousal Maintenance to be increased to $4,000 per week.

Although the Court noted the legal position that the wife was not entitled to be maintained by the husband to the same standard as the parties enjoyed prior to separation, and found that she did have capacity to find employment during the hours the children attended school, orders were made for $3,000.00 per week in financial support to be paid on an interim basis (for the next 2 years until 31 August 2019) with the matter continuing before the Court towards a final determination.

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