BONDELMONTE & BONDELMONTE (NO. 2)

The proceedings before the Family Court of Australia involved an application by the wife, Ms Bondelmonte, against the husband, Mr Bondelmonte, for interim spouse maintenance and child support. The wife sought an order for spouse maintenance of $1,066 per week and a departure from the administrative assessment of child support, as well as non-periodic child support. The husband opposed these applications. The marriage had lasted approximately 14 years, during which the wife was the primary homemaker and parent and had not worked in paid employment for many years.

The court was required to determine whether the wife was unable to support herself adequately for reasons specified in section 74 of the *Family Law Act 1975* (Cth) and, if so, whether the husband was reasonably able to maintain her. Additionally, the court had to consider the wife's application for a departure from the administrative child support assessment under section 117 of the *Child Support (Assessment) Act 1989* (Cth), applying the prescribed three-step process, and her application for non-periodic child support under section 124 of the same Act.

In relation to spouse maintenance, the court found that the threshold requirements of section 74 of the *Family Law Act 1975* were satisfied. Applying the matters set out in section 75(2) of the Act, the court determined that it was proper for the husband to pay the wife $1,000 per week by way of spouse maintenance. Regarding child support, the court found that in the special circumstances of the case, a ground for departure from the administrative assessment existed, and it was just and equitable to make such an order. However, the court declined to make an order for non-periodic child support, noting the husband's undertaking to continue making certain payments for the children's expenses.

The court ordered that the husband pay the wife $1,000 per week as spouse maintenance, payable monthly in advance, with the first payment due within four days of the order. A departure from the administrative child support assessment was ordered, requiring the husband to pay $1,200 per week for the three children, also payable monthly in advance, with the first payment due within four days. This child support departure order was to remain in force for twelve months or until the final determination of the proceedings, whichever was earlier. The wife's application for non-periodic child support was dismissed, and the costs of the proceedings were reserved.