If your ex has stopped paying maintenance, you may feel frustrated, anxious, or unsure of what to do next, especially if those payments are part of your ongoing financial stability.
In Dandenong, there are clear legal steps you can take to resolve this situation. Whether you have a court-ordered maintenance agreement or an informal arrangement, seeking advice from a spousal maintenance lawyer Dandenong can help you protect your rights and move forward with confidence.
What is spousal maintenance, and are you entitled to it?
Spousal maintenance is financial support paid by one party to their former partner following separation or divorce. It’s designed to help the receiving party cover living expenses if they’re unable to support themselves due to factors like age, health, childcare responsibilities, or limited income.
You’re typically entitled to spousal maintenance if:
- You cannot meet your reasonable living expenses.
- Your ex-partner has the capacity to pay.
A court will assess both your financial needs and your ex’s financial situation before determining eligibility or adjusting an existing order.
Key takeaway: Spousal maintenance isn’t automatic—you must show both a need for support and your ex’s ability to provide it.
What happens if your ex stops paying?
If your ex suddenly stops paying maintenance without notice or agreement, this could put you in a difficult position, especially if you rely on those payments. The first step is to check the nature of your agreement:
- If it’s court-ordered, your ex may be in breach of a court order.
- If it’s an informal agreement, you may need to formalise it through the courts or negotiate new terms.
In either case, it’s a good idea to document any missed payments and communications, as this information can support your case later.
Key takeaway: Missed payments may amount to a breach of legal obligation, especially if your arrangement is court-approved.
Need a Lawyer?
Legal steps you can take in Dandenong
If you’re located in Dandenong and your ex stops paying, here are some actions you can take:
- Speak to a spousal maintenance lawyer in Dandenong – They can assess your case and recommend the best path forward.
- Apply to the court to enforce the order – If there is an existing court order, you can apply for enforcement through the Federal Circuit and Family Court of Australia.
- File a new application for maintenance – If you don’t yet have a formal order, you can apply for one to secure future payments.
- Seek a garnishee order or wage deduction – The court may order your ex’s employer to deduct maintenance payments from their wages directly.
- Consider mediation – In some cases, resolving the issue through family dispute resolution may be faster and less stressful.
Key takeaway: You have several options under family law in Dandenong, many of which are easier to navigate with legal guidance.
How a spousal maintenance lawyer in Dandenong can help
A spousal maintenance lawyer in Dandenong can guide you through complex legal procedures and advocate on your behalf. They can help you gather financial records, prepare your case, and represent you in court if needed. More importantly, they’ll make sure your rights are protected throughout the process.
Working with a lawyer also increases your chances of achieving a sustainable outcome, especially if your ex is uncooperative or if there’s a dispute about the terms.
Key takeaway: Legal support can ease the burden, improve your position, and help resolve the matter more efficiently.
When to act
There are time limits around when you can apply for spousal maintenance:
- For divorced couples: You must apply within 12 months of your divorce becoming final.
- For de facto relationships, you must apply within two years of separation.
If your ex has stopped paying and the deadline is near, it’s important to act quickly. Delaying could impact your ability to enforce or adjust your arrangement.
Key takeaway: Don’t wait too long—time limits apply, and early action gives you more options.
If your ex-partner has stopped paying maintenance, you don’t have to navigate the legal process alone. By reaching out to a spousal maintenance lawyer in Dandenong, you can take meaningful steps to protect your financial well-being and ensure your entitlements are upheld.
No matter your circumstances, knowing your options and getting the right support can make a big difference in achieving a fair outcome.