Wadsworth and Wadsworth
Case
•
[2013] FCCA 2043
•11 December 2013
Details
AGLC
Case
Decision Date
Wadsworth and Wadsworth [2013] FCCA 2043
[2013] FCCA 2043
11 December 2013
CaseChat Overview and Summary
In *Wadsworth and Wadsworth*, heard by Judge Monahan, the dispute concerned an application to vary existing orders relating to adult child maintenance and costs. The parties, Mr and Ms Wadsworth, sought to alter the financial arrangements concerning their two adult children, born in 1993.
The court was required to determine the appropriate level of adult child maintenance payable by the father to the mother, and to make orders regarding the costs of the proceedings.
Judge Monahan reasoned that the father should pay a monthly sum for adult child maintenance for a limited period, or alternatively, a lump sum. The court also addressed the costs of the proceedings by setting off the costs orders made in favour of each party, resulting in a net payment from the mother to the father. The court ordered that the father pay $646.00 per month for 12 months for adult child maintenance, or a lump sum of $7,362.00 if elected by the father within 14 days. The mother was ordered to pay the father $153.00 for costs within 28 days, representing the net effect of set-off costs orders. All other extant applications before the court were dismissed.
The court was required to determine the appropriate level of adult child maintenance payable by the father to the mother, and to make orders regarding the costs of the proceedings.
Judge Monahan reasoned that the father should pay a monthly sum for adult child maintenance for a limited period, or alternatively, a lump sum. The court also addressed the costs of the proceedings by setting off the costs orders made in favour of each party, resulting in a net payment from the mother to the father. The court ordered that the father pay $646.00 per month for 12 months for adult child maintenance, or a lump sum of $7,362.00 if elected by the father within 14 days. The mother was ordered to pay the father $153.00 for costs within 28 days, representing the net effect of set-off costs orders. All other extant applications before the court were dismissed.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Costs
-
Remedies
-
Appeal
Actions
Download as PDF
Download as Word Document
Citations
Wadsworth and Wadsworth [2013] FCCA 2043
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
6
Arman & Arman
[2009] FamCA 8
Fennessy & Gregorian
[2009] FamCAFC 44
Oshlack v Richmond River Council
[1998] HCA 11