WAYSON & WAYSON

In the matter of Wayson & Wayson, the wife sought interim spousal maintenance, a departure from child support assessments, and opposed the sale of the former matrimonial home. The husband sought orders for the sale of the former matrimonial home. The court was also asked to consider legal costs.

The primary legal issues before the court were whether the wife had established a threshold need for spousal maintenance, the husband's capacity to meet that need, and whether the court had jurisdiction to entertain a departure application from the child support assessment. Additionally, the court was required to determine the husband's application for the sale of the former matrimonial home and the wife's application for legal costs.

Johnston J found that the wife had established the threshold for spousal maintenance, being the primary carer of four children and having not been in the paid workforce since 2007. Despite the husband's claims of reduced income, the court accepted the wife's submissions regarding his earning capacity and concluded that he had the capacity to meet the wife's established need of $2249 per week. Consequently, the court ordered the husband to pay interim spousal maintenance of $1084 per week. The court also determined that the wife had not established grounds for a departure from the current child support assessment, dismissing that application. The husband's application for the sale of the former matrimonial home was also dismissed, with the court noting the wife's strong opposition. Regarding legal costs, the court ordered a dollar-for-dollar costs order in favour of the wife, finding it just given the parties' limited funds.