DELUCA & RYZYNSKI

In the matter of DELUCA & RYZYNSKI, heard before Macmillan J, the wife sought orders for spousal maintenance and child support, while her application for a partial property settlement was dismissed. The husband had not complied with previous discovery and costs orders, nor had he responded to the wife's applications or attended the hearing.

The court was required to determine whether to grant the wife's application for spousal maintenance, considering the husband's capacity to pay and the wife's insufficient income to support herself and the children. Additionally, the court needed to assess the wife's claim for child support, specifically concerning the husband's responsibility for the children's educational and medical expenses, given his prior consent to such orders and the wife's primary care of the children. The court also considered the wife's application for a partial property settlement of $50,000.

Macmillan J reasoned that despite the husband's non-participation, his capacity to meet spousal maintenance obligations was established, leading to an order for the husband to pay $1,000 per week in spousal maintenance, along with various expenses related to the former matrimonial home and the wife's motor vehicle. Furthermore, the court ordered the husband to pay the children's educational and medical expenses as non-periodic child support payments, pursuant to section 124 of the Child Support (Assessment) Act 1989 (Cth), and that these payments would not reduce the annual rate of periodic child support. The wife's application for a partial property settlement was dismissed.