Guideline 6 Spousal Maintenance

Spousal Maintenance			Guideline : Cwth Number: 6 Effective Date: 15/7/10 Law: Cwth Family
6.1	Assistance for applications for spousal maintenance
	The Commission may make a Grant of Legal Assistance for a court application under the Family Law Act 1975 for an order for spousal maintenance or to increase spousal maintenance, if:
	(a)	the applicant for assistance cannot obtain the order by consent
	(b)	the other party’s whereabouts are known, or substituted service is likely to be successful
	(c)	there is good reason to believe that the other party has the capacity, or is likely to have the capacity in the future, to pay spousal maintenance or increased maintenance (as the case may be), and
	(d)	the applicant for assistance cannot obtain appropriate legal assistance from another source.
6.2	Assistance to defend applications for spousal maintenance
	The Commission may make a Grant of Legal Assistance to an applicant for assistance to defend a court application for spousal maintenance or for increased spousal maintenance, if:
	(a)	it is unlikely that the court will make an order for the amount sought by the party making the court application, and
	(b)	the applicant for assistance cannot adequately defend the court application without legal assistance.
6.3	Assistance for applications to reduce spousal maintenance
	The Commission may make a Grant of Legal Assistance for a court application to reduce the amount payable under a spousal maintenance order if the applicant for assistance cannot adequately prepare the court application without legal assistance.
6.4	Assistance to defend applications to reduce spousal maintenance
	The Commission may make a Grant of Legal Assistance to an applicant for assistance to defend a court application to reduce the amount payable under a spousal maintenance order if the applicant for assistance cannot adequately defend the court application without legal assistance.

Page Last Revised :Tuesday, July 27, 2010