Legal Question in Family Law in Australia
Child support + Visitation
My husband and I divorced in 96 and I have custory of our only child. He's to pay Spousal Mainternance and Child Support. He was out of job right after our divorce but didn't file for a change of Mainternance's order. I moved out of our country of residence at that time to go back to Australia with my child. I didn't inform the Court or my ex about this move. Recently my ex inherited some money and I want to get my Mainternance's payment and Child Support of the past few years. Will he be able to deny it since I moved our child without getting him agreed and without a Court Order and because I didn't allow him to contact my child? Can he also deny Spousal Mainternance because of my move?
Thank you and looking forward to hearing from you.
1 Answer from Attorneys
Re: Child support + Visitation
If you are looking to enforce arrears of maintenance (whether they be child or spouse) which arise as a result of orders made in another country, it is in that country that you will have to undertake enforcement action. You should consult a solicitor in that country.
For what it is worth, your move would not necessarily of itself revoke any arrears in australia.
Your move would cause an Australian Court some concerns in relation to "custody and access" type issues however. It is not clear how long you have been living in Australia. If you have been here for say more than just a few months and your former husband knows that you have been here and has done nothing about it, then that may be ok. If he has been looking for you all this time, then you may find that there are some proceedings on foot in the country in which he resides that you will need to respond to.
Your situation has the potential to be extremely complex and I recommend that you seek the advice of a family law solicitor as soon as possible.
Kind Regards
Greg Shoebridge
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