If you're thinking of divorcing your spouse, there are many considerations you need to make. For example, you may want to get sole custody of your child, or spousal maintenance, or child support. To determine what you can claim in a divorce, it's important to hire legal counsel. Here are some ways a divorce lawyer can help you with your demands.
Australia's Family Law Amendment Act came into force in 2006, changing the laws on child custody. The law encourages both parents to be responsible for their children after they're separated. This law intends for children to have a reasonable relationship with both parents.
However, the court can make an order changing the joint parental order. The main ground that the court will reverse the joint parental order is if the child is being abused by one of the parents. A divorce lawyer can help get you sole custody by proving that your ex-spouse is abusing the children.
Spousal maintenance applications are two kinds: spousal maintenance and de facto partner maintenance. Spousal maintenance is the assistance given to a former spouse if they aren't in a position to care for themselves financially. De facto partner maintenance is similar to spousal maintenance and applies to a de facto relationship.
When determining spousal maintenance, the court will consider your age, income, ability to work, and whether the divorce has affected your capacity to earn, among other things. Many spouses are lured into accepting a meager spousal settlement because they lack the representation of an attorney. A lawyer can help claim a fair amount of spousal maintenance for you.
Australia's Child Support Scheme or CSS was formed in 1988 under the Child Support Act to ensure children are supported by their parents. The provisions of the Act are administered by the Child Support Agency (CSA). CSA assesses the amount of child support that is payable using a legislative formula. This formula regards the income of the parents, the number of children, and the care arrangements, among other issues.
In some cases, a parent can default on their child custody payment. The CSA will, in this case, enforce the payments and penalize the defaulting parent. Your divorce lawyer can help you keep your ex-spouse on their toes with regards to making child custody payments.
While hiring a lawyer may seem to be a costly affair, it will work to your advantage. There are some legal ramifications of a divorce that you might not be aware of. Some of these include child custody, spousal maintenance, and child support. Your lawyer will help you make the right moves with regards to these aspects of your divorce.
To learn more about divorce lawyers, contact a local lawyer near you.