FLP 4 - Maintenance
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What factors does the court consider when ordering child maintenance?

  • The child's needs and the parent's ability to pay (correct)
  • The child's interests and educational background
  • The parent's marital status
  • The parent's employment history

Which statement about maintenance orders for ex-spouses is correct?

  • They are based on the needs of the receiving spouse and the paying spouse's ability to pay. (correct)
  • They rely solely on the paying spouse's income level.
  • They require both spouses to be in agreement.
  • They are automatically granted to the receiving spouse.

What has changed regarding nominal maintenance orders?

  • They are considered a violation of parental duty.
  • They are now mandatory in divorce cases.
  • They are only ordered in exceptional circumstances. (correct)
  • They are still issued routinely.

What principle underlies the right to maintenance for a wife during a marriage?

<p>The concept of consortium (C)</p> Signup and view all the answers

Regarding parental responsibilities, which statement is true?

<p>Parents owe duties to maintain their children regardless of their marital status. (D)</p> Signup and view all the answers

Where can child maintenance claims be made?

<p>During or outside of marriage, including divorce proceedings (C)</p> Signup and view all the answers

What does Section 68 of the Women’s Charter stipulate regarding parental duty?

<p>Parents must maintain or contribute to the maintenance of their children. (A)</p> Signup and view all the answers

Which statement accurately describes the right to maintenance under Section 69 of the Women's Charter?

<p>The right to maintenance is independent of the wife's misconduct. (C)</p> Signup and view all the answers

What distinguishes Section 69 from Section 113 of the Women's Charter?

<p>Section 69 addresses maintenance during marriage, while Section 113 covers maintenance post-annulment. (D)</p> Signup and view all the answers

Who is eligible to apply for maintenance under Section 69 of the Women's Charter?

<p>Only women and married incapacitated husbands. (D)</p> Signup and view all the answers

Which of the following statements is true regarding the nature of maintenance rights?

<p>The amount of maintenance can be influenced by evidence of wife's misconduct. (A)</p> Signup and view all the answers

What must occur for a spouse to bring a claim under Section 113 of the Women's Charter?

<p>The marriage must be annulled or terminated. (B)</p> Signup and view all the answers

Which parts of the law refer to the maintenance of children?

<p>Part 8 and 9 (B)</p> Signup and view all the answers

Who carries the burden to satisfy the court of the legal requirement regarding child maintenance?

<p>The complainant (B)</p> Signup and view all the answers

What must the court assess to determine reasonable maintenance?

<p>The needs and expenses of the child (D)</p> Signup and view all the answers

Which scenario may constitute an unreasonable mode of maintenance provision?

<p>Reimbursing expenses one year after they were incurred (A)</p> Signup and view all the answers

What must the court take into account regarding the ability to pay maintenance?

<p>The parent's ability to fulfill financial obligations (A)</p> Signup and view all the answers

In determining neglect or refusal, how might the court assess awareness of the child's needs?

<p>By evaluating the parent's knowledge of expenditures (A)</p> Signup and view all the answers

What are the primary considerations for determining maintenance liability and amount?

<p>The needs of the child relative to the parent's ability to pay (B)</p> Signup and view all the answers

Which subsection specifically outlines the factors the court considers in maintenance orders?

<p>Section 69, Subsection 4 (D)</p> Signup and view all the answers

What aspect of the maintenance provision is highlighted as crucial by the court?

<p>The mode of provision for maintenance (D)</p> Signup and view all the answers

What is the primary basis for apportioning child maintenance between parents according to the court's decision in WBU and WBT?

<p>The parents' respective income and financial obligations (A)</p> Signup and view all the answers

Under what circumstances can maintenance obligations extend beyond the age of 21?

<p>If the child is pursuing further education or has a disability (B)</p> Signup and view all the answers

What does Section 68 indicate about the duties of parents regarding child maintenance?

<p>Parents have an overall duty but not equal financial responsibility. (A)</p> Signup and view all the answers

Who is generally allowed to make a maintenance application for a child under Section 69, subsection 3?

<p>The child above 21 years, or a guardian or custodian (D)</p> Signup and view all the answers

According to the court's ruling, what is NOT considered in determining child maintenance?

<p>Equal financial capability of the parents (D)</p> Signup and view all the answers

In the context of child maintenance, which of the following scenarios is most likely to require financial support past the age of 21?

<p>The child is serving national service or studying (C)</p> Signup and view all the answers

What critical factor does NOT play a role in the apportionment of maintenance according to the case WBU and WBT?

<p>The terms of the divorce settlement (B)</p> Signup and view all the answers

What does Section 69, subsection 5 articulate about child maintenance duration?

<p>It is defined up to 21 unless special conditions apply. (D)</p> Signup and view all the answers

In which situation might a court decide to reject equal maintenance claims between parents?

<p>If one parent has a higher income (B)</p> Signup and view all the answers

Who has the authority to make a child maintenance application if the child is unable to do so and is under the age of 21?

<p>A guardian or person with physical custody (B)</p> Signup and view all the answers

What is the primary rationale for imposing a duty on a former husband to maintain his former wife?

<p>To equalize financial disparities resulting from the marriage. (D)</p> Signup and view all the answers

What is the relationship between the orders for division of matrimonial assets and maintenance orders?

<p>Maintenance orders follow the division of assets to fulfill the wife's needs. (B)</p> Signup and view all the answers

Under what circumstances can a nominal maintenance order be justified?

<p>In exceptional circumstances justifying future claims. (A)</p> Signup and view all the answers

According to section 117 of the Women's Charter, when does a maintenance order typically expire?

<p>Upon the remarriage of either spouse or the death of either spouse. (B)</p> Signup and view all the answers

What is the purpose of a nominal maintenance order?

<p>To reserve the right to claim for substantive maintenance later. (A)</p> Signup and view all the answers

What distinguishes maintenance during marriage from post-divorce maintenance?

<p>Maintenance during marriage does not involve court orders. (C)</p> Signup and view all the answers

What trend happened regarding nominal maintenance orders after 2016?

<p>They should not be ordered as a matter of course. (D)</p> Signup and view all the answers

What was the outcome of the discussions on the rationale for spousal maintenance?

<p>It seeks to address financial imbalances due to marriage. (B)</p> Signup and view all the answers

What does the concept of 'nominal maintenance' imply?

<p>A minimal financial arrangement to maintain rights for future claims. (C)</p> Signup and view all the answers

What is a key consideration in the court’s decisions regarding maintenance orders?

<p>The economic well-being and needs of the receiving spouse. (C)</p> Signup and view all the answers

Flashcards

Parental Duty of Maintenance

Parents are legally obligated to financially support their children, regardless of marital status.

Child Maintenance Factors

Courts consider the child's needs and the parent's ability to pay when deciding on child maintenance amounts.

Maintenance for Ex-Spouses

Spousal maintenance decisions are based on the receiving spouse's needs and the paying spouse's ability to pay.

Nominal Maintenance

Orders for small or symbolic amounts of spousal support are not common, unless there are exceptional circumstances.

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Maintenance During Marriage

For married couples, maintenance is based on the concept of consortium (providing support and companionship) and often temporary.

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Maintenance & Misconduct

A spouse's right to maintenance is not affected by misconduct, but the amount of maintenance might be reduced if misconduct is significant.

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Child Maintenance & Divorce

Courts have the power to order child maintenance as part of divorce proceedings, or even outside of divorce proceedings.

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Child Maintenance (Section 127)

Part 8 and 9 of Women's law govern child maintenance requirements.

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Section 69 Subsection 2

Complainant must prove respondent neglected/refused reasonable child support.

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Reasonable Maintenance (Section 69)

Monetary sum for child support determined practically based on each case.

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Neglect/Refusal (Section 69)

Non-paying party must know or should have known of child's needs.

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Mode of Provision (Section 69)

How support is given (e.g., reimbursement vs. direct payment).

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Unreasonable Mode Example

Reimbursement only with extensive documentation (e.g., receipts) or delayed payments.

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Section 69 Subsection 4 Factors

Court considers children's needs and parents' ability to pay when setting support amount.

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Primary Consideration (Section 69)

Matching children's necessities against parents' financial capacity.

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Complainant's Burden

The individual initiating a case (the complainant) has the responsibility to prove the other party's neglect regarding financial obligations for the child.

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Equal Duty, Unequal Maintenance

Parents have an equal duty to support their child under Section 68, but the amount of maintenance each parent pays can differ based on their individual circumstances.

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WBU and WBT

These cases highlight that equal apportionment of child maintenance is not the starting point. Instead, the court considers individual circumstances to determine a fair amount.

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Maintenance Duration

Legal responsibility for child maintenance generally ends at 21 years old, but may extend beyond if the child is still financially dependent.

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Extended Obligations

Parents may continue supporting a child beyond 21 years for situations like disabilities, national service, education, or training.

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Who Can Apply for Maintenance?

Maintenance applications can be made by the child (over 21), a guardian, or a person with actual custody.

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Child Maintenance: Divorce & Beyond

Child maintenance orders can be made during divorce proceedings or independently, depending on the situation.

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Maintenance & Child's Needs

Calculating child maintenance involves assessing the child's reasonable expenses and the parents' income and financial obligations.

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National Service and Maintenance

A child serving national service can extend the parent's financial responsibility beyond 21 years.

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Maintenance for Tertiary Education

Parents can be obligated to support their children's tertiary education beyond 21 years.

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Trade Training and Maintenance

Parents may continue paying maintenance if a child is undergoing training for a trade beyond 21 years.

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Maintenance During Marriage (s69 WC)

A court can order a spouse to provide financial support during a marriage if they have neglected or refused maintenance. This is meant to provide temporary relief.

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Maintenance After Marriage (s113 WC)

This section of the Women's Charter deals with maintenance for an ex-spouse or incapacitated husband after a marriage ends, either during the divorce process or after.

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Consortium & Maintenance

The idea of spousal maintenance during marriage is based on the concept of consortium, which means supporting each other and providing companionship. This is why maintenance is not solely about money, but also about shared duties.

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Maintenance Goals Differ

The purpose of maintenance under s69 (during marriage) and s113 (after marriage) is different, leading to different considerations. Section 69 focuses on temporary relief, while s113 deals with long-term support.

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Maintenance Order: Purpose

Spousal maintenance orders are typically made to supplement the wife's needs after a division of matrimonial assets. This means the court will first divide assets, then determine if additional financial support is necessary.

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Nominal Maintenance Today

Nominal maintenance is not automatically granted. The spouse seeking it must present exceptional circumstances justifying the preservation of her rights to future maintenance.

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When Does Maintenance End?

Maintenance payments generally end when either spouse dies or the spouse receiving support remarries. This assumes the order doesn't specify a shorter duration.

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Maintenance vs. Consortium

Maintenance during marriage is often based on the concept of consortium, meaning the couple's duty to support each other. It's not just about money, but about fulfilling shared responsibilities.

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Purpose of Maintenance Orders

The purpose of maintenance orders differs based on whether they are for spouses during a marriage or before. During marriage, it's about temporary relief. After marriage, it's about long-term support.

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Maintenance Order: Change?

A maintenance order can be changed or varied under the Women's Charter. This could involve adjusting the amount being paid or even terminating the order completely.

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Who Decides Maintenance?

The court decides on the specific amount and duration of a maintenance order. They consider various factors and make a decision based on fairness and the specific circumstances of the case.

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Study Notes

Parental Duty to Maintain Children

  • Parents have a duty to maintain their children, regardless of marital status.
  • Courts consider the child's needs and the parent's ability to pay when determining maintenance.

Maintenance for Ex-Spouses

  • Maintenance orders for ex-spouses are based on the receiving spouse's needs and the paying spouse's ability to pay.
  • Nominal maintenance orders are rarely granted; exceptional circumstances are required.

Maintenance During Marriage

  • Maintenance during marriage is based on the concept of consortium (the right of a spouse to companionship).
  • It provides temporary relief for the wife.
  • The right to maintenance is independent of the wife's misconduct, but the amount may be affected by it.

Child Maintenance

  • Child maintenance claims can be made during marriage, after separation, and during divorce procedures.
  • Parents have a duty to maintain both legitimate and illegitimate children.
  • The court may order any parent to pay child maintenance.
  • The court considers the child's needs, parents' income and the child's age.

Spousal Maintenance

  • Spousal maintenance focuses on the needs of the receiving spouse following the termination of a marriage.
  • The factors the court considers include the receiving spouse's needs and the paying spouse's ability to pay.

Nominal Maintenance

  • Nominal maintenance is a small amount of maintenance typically $1, intended to protect the right of a spouse to apply for further maintenance in the future, if applicable.
  • Not routinely ordered; justified only by exceptional circumstances.

Duration of Maintenance

  • Maintenance orders usually last until the death of one party or the remarriage of the recipient spouse, if otherwise stipulated.
  • There are some cases where maintenance extends beyond the age of 21, if the child is under a disability dependent on the parent, is in national service, in education or in training.

Additional Considerations

  • Court considers financial preservation and economic inequalities during the marriage.
  • The court's ability to order maintenance in non-divorce cases is governed by specific laws (e.g., Section 69 Women's Charter).
  • There are specific factors (like the spouse's misconduct) and provisions that may influence the amount of maintenance awarded in court.

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FLP 4 - Maintenance PDF

Description

This quiz covers the essential aspects of parental and spousal maintenance duties under family law. It explores obligations during marriage, after separation, and in divorce, as well as the factors affecting maintenance orders in various scenarios.

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