If you are going through a divorce, you may have heard of alimony and wondered what it is. Many confuse alimony with child support in Dandenong, but the two types of allowance are for different purposes.
Alimony, or spousal maintenance, is a payment made from one member of the former couple to the other in order to support their standard of living. Sometimes this is a one-time lump sum of money given to the spouse, otherwise it is a regular allowance, either in perpetuity or for a set amount of time.
Child support is a regular payment given to the spouse who is the primary carer of the children; this money is for expenses relating to care of the child. This is a separate payment to spousal maintenance. Most people receiving child support do not receive alimony, and one does not need to be receiving child support in order to obtain alimony. In fact, there do not even need to be any children from the union in order for a spouse to file for alimony.
Spousal maintenance has a reputation for being a sort of retirement pension for former trophy wives. Whether or not you think trophy wives deserve payment after their marriage ends for wasting their youth, you may be surprised to learn that alimony may be a solution for you. For example, if you have spent the last ten years out of the formal workforce as you have been assisting your husband in building his political career and now have limited job prospects while he bathes in cash, you could be successful in obtaining an allowance from him.
If you think you should receiving alimony from your former husband or wife, you should discuss this with your lawyer at the first opportunity. Now you know what alimony is, as well as some tips for going through a court of law to secure alimony payments.
Lawyers tend not to be generalists. Within a law firm, there will be different lawyers who have incommensurable functions. Today, let’s find out about the many tasks of a solicitor, Dandenong in Victoria has a Magistrate’s Court so we will begin our journey there.
Terms used to describe different kinds of lawyer vary not only between countries but also between states in Australia, though to a small degree.
At the court in Dandenong, you will find a solicitor representing his or her clients to in the courtroom and providing legal advice to clients. Solicitors are also responsible for some paperwork, for example they may draw up wills. Solicitors only represent clients in Magistrate’s Courts such as the one in Dandenong; in higher courts, the client’s case is presented by a barrister. If a case moves from the Magistrate’s Court to a higher court, the solicitor working with the client is likely to advise the barrister, as they have been previously working with the client and know the case quite well. However, the solicitor will not abandon the client; rather, they will work as a conduit between the barrister and client. As a barrister is more specialised, their time is worth more.
In an easy, drama-free family law case, a solicitor will prepare forms and act on behalf of the client in court. However, in a more complicated case such as in a custody battle, it is often necessary to engage the services of a barrister.
Both solicitors and barristers are types of lawyers; in general, you should always consult a solicitor first when you require legal services. If they deem a barrister necessary in your situation, they will refer you, so do not worry about making an incorrect choice.
Hopefully you now understand about the functions of solicitors including in family law, Dandenong court was here used as an example however this information is fairly general for all of Australia.