Hanton and Evans

Case

[2013] FCCA 222

22 March 2013


Details
AGLC Case Decision Date
HANTON & EVANS [2013] FCCA 222 [2013] FCCA 222 22 March 2013

CaseChat Overview and Summary

In the matter of *Hanton and Evans*, heard before Judge Roberts, the dispute concerned interim spousal maintenance and the payment of arrears on a home loan. The husband was ordered to pay arrears on the home loan account for the property located in Victoria.

The court was required to determine the appropriate interim spousal maintenance obligations of the husband to the wife. This included the payment of periodic amounts related to the home loan and a fixed monthly sum. The court also considered the impact of child support payments on the spousal maintenance order.

Judge Roberts ordered the husband to pay all arrears on the home loan forthwith. Furthermore, until further order, the husband was directed to pay the periodic payments for the home loan and a monthly sum of $997.00 by way of interim spousal maintenance. This monthly payment was to be increased if the child support payments made by the husband to the wife fell below $423.00 per week, with the increase being equivalent to the reduction in child support.
Details

Areas of Law

  • Family Law

  • Contract Law

  • Insolvency

Legal Concepts

  • Breach

  • Remedies

  • Jurisdiction

  • Costs

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