PLANEY & HUNT

In *Planey & Hunt*, the wife sought interim spousal maintenance from the husband. The primary dispute concerned whether the wife was unable to adequately support herself and whether the husband had the capacity to pay maintenance, particularly in light of the wife's primary responsibility for the care of their three-year-old child. The matter came before Ryan J.

The court was required to determine two key legal issues: firstly, whether the wife was unable to adequately support herself, and secondly, whether the husband possessed the financial capacity to meet an interim spousal maintenance obligation.

Ryan J reasoned that the husband's argument that the wife should have paid employment was not persuasive, especially given her role in caring for a young child. The court noted that while both parties had income exceeding their expenditure, the husband's earning capacity was expected to increase. Furthermore, the court considered it reasonable for the husband to adjust his work arrangements to spend time with the child. The ability of both parties to realise assets was also a relevant consideration.

Ultimately, Ryan J ordered that the husband pay interim spousal maintenance to the wife in the sum of $500 per week.