Amato and Amato

[2013] FCCA 942

FEDERAL CIRCUIT COURT OF AUSTRALIA

AMATO & AMATO [2013] FCCA 942

Catchwords:
FAMILY LAW – Child maintenance – wife’s application for lump sum child maintenance where husband has ceased to be a resident of Australia or a reciprocating country for the purposes of child support – husband has failed to pay maintenance for the child since April 2012 – husband has failed to take part in these proceedings – orders made for husband to pay lump sum child maintenance.

Legislation:  
Family Law Act 1975, ss.66B, 66C, 66E,66H, 66J, 66K, 66P, 69E

Child Support (Assessment) Act 1980

Collins & Collins (1993) FLC 92-343
RNL & RHB [2005] FMCAfam 520
Bereat & Bereat [2010] FamCA 693

Applicant: MS AMATO

Respondent: MR AMATO

File Number: MLC 812 of 2010

Judgment of: Judge Bender

Hearing date: 18 July 2013

Date of Last Submission: 18 July 2013

Delivered at: Melbourne

Delivered on: 26 July 2013

REPRESENTATION

Counsel for the Applicant: Mr Cash

Solicitors for the Applicant: Manby & Scott Lawyers

Counsel for the Respondent: NA

Solicitors for the Respondent: NA

ORDERS

1. On or before 26 August 2013 the husband pay to the wife child maintenance for the child, X born (omitted) 1999 (“X”), in the sum of $76,200.00 by way of a lump sum payment.

2. Order 6 of the orders made 22 May 2013 be dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Amato & Amato is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT MELBOURNE

MLC 812 of 2010

MS AMATO

Applicant

And

MR AMATO

Respondent

REASONS FOR JUDGMENT

Introduction

1. This is the wife’s application seeking the husband pay child maintenance for the parties’ son, X born (omitted) 1999 (“X”).

2. These proceedings were commenced by the wife’s Initiating Application filed 13 December 2012.  On 24 June 2013 the wife filed an Amended Initiating Application seeking orders in the following terms:

   a)The husband pay to the wife child maintenance for X at the rate of $20,000.00 per annum from 1 July 2012 until 8 November 2017.

   b)The child maintenance be capitalised and paid to the wife by way of one lump sum payment of $90,000.00 within 28 days of such an order being made.

   c)The husband pay the wife’s costs on an indemnity basis.

3. At the hearing of this matter the wife was given leave to amend her application such that she now seeks an order that the husband pay child maintenance as from 13 December 2012, being the date she filed the Initiating Application.

4. The husband has failed to participate in these proceedings.

5. The wife’s application was first listed on 21 December 2012.  On that occasion the husband failed to appear.  An order was made adjourning the matter to 20 May 2013 and it was noted in the orders made that day that the husband had been taken to have been served with the wife’s application for child maintenance on 20 December 2012.  The wife’s then solicitors were ordered to…