If your former partner from your second marriage has contributed to the support of your children from your first marriage, could this affect your property settlement? Find out from our property settlement North Brisbane Lawyers.
If you and your former partner have been a blended family, you may want to know how contributions towards the living costs of a step child may effect your family law property settlement.
You may have children from a previous relationship and been in a subsequent relationship where your new partner had assisted with their living costs. If you and that partner separate, can your former partner then claim some benefit in a property settlement for having provided that financial assistance?
At family law, it is the parent of the child who has a legal duty to maintain the child of a former relationship. That duty has primacy over the duty of any other person, other than the child’s other parent, to maintain the child.
For example, if Mary has two children from a former relationship with Bruce and Mary then marries Jack, Jack has no legal duty to maintain those two children if there is no court order requiring him to do so.
If Jack does contribute towards the support of Mary’s children from her former relationship, his contribution is a factor that can be taken into account in any property settlement should Jack and Mary later separate. Jack’s contribution may in appropriate cases lead to an adjustment being made in his favour out of the property of Jack and Mary that is available for division between them.
However, Mary’s contribution towards supporting those children is not taken into account in her favour in a family law property settlement as she is the parent and is merely honouring her legal obligation to maintain her children.
Want to know more?
If you’re interested in getting a property settlement North Brisbane or anywhere in Australia, contact our team at LGM Family Law. We offer FREE 15-minute phone consultations, to help you get started.
Contact our team for advice on property settlement North Brisbane or anywhere in Australia today.