ANDERSON & ANDERSON

In the matter of ANDERSON & ANDERSON, the wife sought interim orders for non-periodic child support and spousal maintenance from the husband, while the husband applied for an interlocutory injunction to restrain the wife from further encumbering the former matrimonial home. The dispute concerned the husband's obligation to pay the children's educational expenses, including tuition fees and arrears, and his responsibility for mortgage repayments on the former matrimonial home by way of spousal maintenance. The court was also asked to consider the husband's assertion of changed financial circumstances and his desire to direct how payments should be applied.

The court was required to determine whether to depart from the administrative assessment of child support to order the husband to pay the children's educational expenses, including tuition fees and extra-curricular activities, and whether to make interim orders for spousal maintenance to cover mortgage repayments on the former matrimonial home. Additionally, the court had to consider the husband's application to restrain the wife from encumbering the property and to address the question of arrears for both tuition fees and spousal maintenance.

Macmillan J reasoned that it was appropriate to order the husband to pay the children's educational expenses, including tuition fees (excluding arrears), levies, uniforms, books, stationery, computer requirements, excursions, and extra-curricular activities, pursuant to s 124(1) of the Child Support (Assessment) Act 1989 (Cth), in addition to any periodic child support assessment. The court also ordered the husband to pay $350 per week by way of spousal maintenance for the wife's maintenance, noting that the wife conceded her parents would meet the mortgage repayments if the husband did not. The husband's application for an interlocutory injunction was dismissed. The question of retrospective departure from the assessment for tuition fee arrears and the period from 17 February 2014 to 16 September 2014 was reserved.