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'Earning capacity' and maintenance in Anglo-Australian family law: Different paths, same destination?

Young, L. and Wikeley, N. (2015) 'Earning capacity' and maintenance in Anglo-Australian family law: Different paths, same destination? Child and Family Law Quarterly, 27 . pp. 129-150.

Link to Published Version: https://heinonline.org/HOL/Page?handle=hein.journa...
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Abstract

This article considers the treatment of earning capacity in child and spousal maintenance law in Australia and the UK. It argues that in both jurisdictions the legislatures have retreated from this important concept as it relates to child support without providing any clear rationale for this shift. In the case of spousal maintenance, however, there has been no such shift. The article considers the justification for this different treatment and argues that there is a need for reconsideration of the law as it relates to earning capacity in child support law.

Publication Type: Journal Article
Murdoch Affiliation: School of Law
Publisher: Jordan Publishing
URI: http://researchrepository.murdoch.edu.au/id/eprint/42134
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