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How do I force my former husband to pay half the Council rates after he has moved out?

After a marriage breakdown, it is not necessarily the case that your former husband can be forced to pay half of all household outgoings, such as Council rates notices, after he has relocated – notwithstanding that he is a joint owner on the title.

You could seek spousal maintenance from him. This is money he pays you towards your living expenses. Your eligibility for this will depend on both your income and the extent that it cannot meet your reasonable expenses.  A similar analysis is performed on your former husband’s income and his expenses.

To obtain advice about your eligibility for spousal maintenance we recommend that you speak with one of our experienced Family Lawyers.  We can also give you some realistic advice about whether you can afford to keep the home as part of your Family Law settlement.

If you have children, we also suggest that you apply for Child Support via the Department of Human Services.  Unlike spousal maintenance, the Father’s obligation to pay Child Support is mandatory.  You may also be eligible for adjustments to any government benefits you might receive. These can provide financial assistance to you quicker than spousal maintenance.

Sam Ngai
Senior Solicitor
Family & De Facto Law | Divorce | Children & Parenting Matters
sngai@scammell.com.au

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