When a marriage or de-facto relationship ends, financial stress can follow. One partner might find themselves unable to maintain their standard of living without help, especially if they’ve been the primary carer of children or lack the financial resources to live independently. In these situations, spousal maintenance becomes vital, and a family lawyer can guide you through the legal process to ensure your rights are protected.
But what happens if your ex-partner refuses to pay the maintenance you’re entitled to under Brisbane and Queensland law?
In this guide, we’ll break down your options if your ex refuses to pay spousal maintenance, how the process works, and the steps you can take to secure your financial future.
What is Spousal Maintenance?
Spousal maintenance is a legal obligation where one partner must financially support the other after separation if they cannot adequately support themselves. In Brisbane, this is determined under the Family Law Act 1975. The court will consider factors like the financial situation of each party and their capacity for employment among many others.
This can apply to both married couples and those in a de-facto relationship.
What Can Be Included in a Spousal Maintenance Claim?
A claim for spousal maintenance can cover a wide range of financial issues, such as:
- Weekly expenses like groceries, utilities, and rent.
- Medical expenses for any ongoing health conditions.
- Reasonable living expenses to maintain the standard of living enjoyed during the relationship.
- Contributions towards mortgage payments or other significant debts.
It’s essential to provide evidence of your financial capacity, such as pay slips, bank statements, and an outline of your current and future expenses. You may also need to demonstrate how your ability to work is impacted, particularly if you’re the primary carer of young children or have a mental incapacity.
Financial Impact and Emotional Strain of Non-Payment
When your ex-partner refuses to pay spousal maintenance, it can have severe financial and emotional consequences. In Brisbane and Queensland, this can affect your ability to cover essential reasonable expenses, such as rent, utilities, and childcare costs, especially if you were the primary carer or relied on a limited income stream.
The lack of regular payments can lead to increased financial stress, making it harder to maintain the standard of living you were accustomed to during your relationship. Over time, this may force you to take on debt or even disrupt your ability to provide a stable environment for your children.
Beyond the financial strain, non-payment can cause significant emotional stress. The uncertainty of not knowing when or if you’ll receive support, combined with the emotional fallout from separation, can deeply affect your mental health and well-being.
What To Do If Your Ex-Partner Refuses to Pay Spousal Maintenance?
It can be incredibly stressful when your ex-partner refuses to pay spousal maintenance, especially if you rely on that support to cover essential expenses. Fortunately, Brisbane and Queensland law provides several pathways to ensure you’re not left without the help you’re entitled to. Here’s what you can do if your ex refuses to pay:
1. Get Legal Advice from a Family Lawyer
The first step is to consult a family lawyer. They’ll explain your rights under Queensland law and help assess your financial circumstances. A lawyer can also guide you through the legal process, including making an application for spousal maintenance or taking enforcement action if payments have stopped. For expert legal advice, contact VM Family Law on 07 3447 8966.
2. File an Application with the Family Court
If informal discussions fail, you can file an application for spousal maintenance with the Family Court of Australia. The court will review factors like both parties’ financial capacity, your reasonable living expenses, and any special circumstances (e.g., being the primary carer of children). This application can prompt the court to issue an order that legally requires your ex to make regular payments.
3. Request an Enforcement Order
If your ex still refuses to pay after a court order is issued, you can request an enforcement order. The court has the power to enforce spouse maintenance payments by garnishing your ex’s wages, seizing assets, or taking other enforcement actions.
4. Seek Urgent Spousal Maintenance
If you are in a particularly dire financial situation and need immediate support, you can apply for urgent spousal maintenance. This process fast-tracks your request, allowing the court to issue temporary support orders while your full application is being processed.
5. Use a Spousal Maintenance Calculator
Before applying for spousal maintenance, it’s helpful to use a spousal maintenance calculator to estimate how much support you may be entitled to. This tool takes into account factors like your adequate income, your ex-partner’s taxable income, and your weekly expenses. You can find these calculators on websites like the Family Court of Australia.
6. Consider Property Settlement
If spousal maintenance payments aren’t enough to cover your needs, you may also consider negotiating a property settlement. This can involve selling real property or other assets owned by your ex to ensure you receive the financial support you require.
Common Reasons for Non-Payment of Spousal Maintenance
It’s frustrating when your ex-partner refuses to pay spousal maintenance, but understanding the reasons behind non-payment can help you determine your next steps. Below are some common reasons why an ex-partner may stop or fail to make payments:
- Financial Hardship: Your ex may genuinely struggle to make payments due to changes in their financial situation, such as losing their job or experiencing a reduction in income stream.
- Disagreement Over the Amount: They may believe the amounts of maintenance set by the court or agreed upon are too high or unfair given their financial resources.
- Lack of Understanding of Legal Obligations: Some ex-partners might not fully understand that spousal maintenance payments are legally binding and not optional.
- Revenge or Emotional Conflict: Refusing to pay could be a way for your ex to exert control or act out of anger or resentment after the separation.
- New Financial Responsibilities: New financial obligations, such as entering a new relationship or having more children, may impact their willingness or ability to make payments.
- Mental Capacity Issues: Mental incapacity or ongoing mental health struggles could affect their ability to meet their spousal maintenance obligations.
Legal Consequences of Refusing to Pay Spousal Maintenance
Refusing to comply with a court-ordered spousal maintenance payment is a serious issue under Brisbane and Queensland law. If your ex-partner refuses to pay, there are strict legal consequences they may face. Here are the most common repercussions:
1. Enforcement Orders
The Family Court of Australia can issue an enforcement order. This allows the court to garnish your ex-partner’s wages or seize assets to recover the unpaid spousal maintenance.
2. Contempt of Court
Failing to comply with a court-ordered spousal maintenance obligation can result in a contempt of court charge. This could lead to fines or, in extreme cases, imprisonment.
3. Property Seizure
If your ex has significant assets, the court may order the sale of their real property or other valuable assets to cover the outstanding spousal maintenance.
4. Interest on Unpaid Maintenance
Any unpaid spousal maintenance may accrue interest, further increasing your ex’s debt over time. This is a standard consequence for arrears under Australian law.
5. Suspension of Licences or Passports
In severe cases, the court can suspend your ex-partner’s driver’s licence or even restrict their ability to travel internationally by cancelling their passport.
Talk to VM Family Law
If you need assistance with the application process or enforcement of a spousal maintenance order, VM Family Law can help. Reach us at 07 3447 8966 or www.vmfamilylaw.com.au for personalised legal advice.
FAQs
How long after separation can I apply for spousal maintenance?
You have 12 months after divorce or 2 years after the end of a de-facto relationship to file an application.
What happens if my ex-partner doesn’t have enough income to pay?
The court will consider their financial circumstances and may reduce the required payments, or possibly discharge the obligation if they genuinely lack resources.
Can I still receive spousal maintenance if I remarry?
Typically, no. Remarrying usually ends your entitlement to spousal maintenance, though some exceptions apply.
Can spousal maintenance be adjusted over time?
Yes, you can request a variation if your financial situation changes significantly.
What’s the difference between spousal maintenance and child support?
Spousal maintenance is for the support of a former spouse, while child support is specifically for children’s needs.
Can spousal maintenance be paid as a lump sum?
Yes, the court can order a lump sum payment if it’s deemed more appropriate than periodic payments.
Can I enforce a spousal maintenance order myself?
Enforcement typically requires court intervention. If your ex refuses to pay, contact a family lawyer to assist with the process.
Final Thoughts
Dealing with an ex-partner who refuses to pay spousal maintenance can be incredibly frustrating, both financially and emotionally. However, Queensland law provides clear pathways to ensure that you receive the support you’re entitled to.
Taking action through legal avenues is essential to protecting your financial future and maintaining stability for you and your family.
If you’re facing issues with spousal maintenance or need assistance with any family law matters, reach out to VM Family Law. Their experienced team is ready to help you take the next step. Call 07 3447 8966 or visit VM Family Law today for expert legal support.
