BERTRAM-POWER & POWER

This matter concerned applications by the wife for interim child support and spouse maintenance. The dispute centred on the appropriate level of financial support to be provided by the husband for the parties' children and for the wife, pending final resolution of their family law proceedings. The applications were heard by Faulks DCJ in the Federal Circuit and Family Court of Australia.

The court was required to determine whether to make interim orders for child support and spouse maintenance. Specifically, in relation to child support, the court had to consider whether the existing assessment was likely to be unjust or inequitable, having regard to the children's standard of living and the husband's capacity to pay. For spouse maintenance, the court needed to assess the wife's need for financial support and the husband's capacity to meet such an order, considering whether the wife should be required to access capital or other resources before receiving maintenance.

In reaching its decision, the court applied the principles governing interim child support departure orders and spouse maintenance. The court found that the children were being cared for in a manner consistent with the parents' expectations and that they enjoyed a high standard of living. Given the husband's high income and capacity to meet the financial needs of the family, the court considered it appropriate to make an interim child support departure order. Similarly, the court found that the wife had demonstrated a need for spouse maintenance and that the husband had the capacity to pay, justifying an interim spouse maintenance order.

The court ordered that the husband pay $1,285 per week by way of spouse maintenance to the wife, and that the weekly rate of child support payable for the children be varied to $1,251, effective until further order.