Welton and Welton

In the matter of *Welton and Welton*, heard by Rees J, the dispute concerned applications for spousal maintenance, child support, and property division. The wife sought spousal maintenance, asserting an inability to support herself from her earnings, while the husband sought a variation of child maintenance orders. The court also made orders concerning the husband's dealings with certain properties and the creation of an equitable charge in favour of the wife.

The court was required to determine whether the wife had met the threshold test under section 72 of the *Family Law Act 1975* (Cth) for spousal maintenance, specifically her inability to support herself by employment. Additionally, the court had to consider whether to make a departure order for child support, given the husband's income substantially exceeded the limit taken into account for child support calculations, and whether the husband's income and assets warranted additional child support beyond private school fees.

Rees J found that the wife had satisfied the statutory test for spousal maintenance, noting a lack of evidence regarding her potential earning capacity as a self-employed trainer. Consequently, the husband was ordered to pay $350 per week in spousal maintenance. The court also made a departure order for child support, varying the amount payable by the husband to $535.28 per week, accepting that his substantial income justified this variation, in addition to his undertaking to continue paying the children's private school tuition fees. The court also made detailed orders restraining the husband from dealing with specific properties and creating an equitable charge in favour of the wife, and appointed an independent children's lawyer.