The day my ex moved out, I was advised by more than one source, to pay the school fees with his credit card, to max it out, to stop him from further wastage (The Line of Credit was exceeding $1,700,000 and I was sole guarantor). The house had been paid paid off with Testamentary Trust funds (and other sources) but his expenditure and little income, meant he was "borrowing" from the Testamentary Trust, putting the funds into his investment company, or through joint accounts and then spending it on his schemes or massive debts or paying the financial advisor - so complex trying to trace it.
By March, I had become suspicious he was unilaterally taking more large amounts of money ($35,000 approx) from the bank accounts, but he had stopped my ability to view the accounts online and I repeatedly requested the bank to remedy the situation, but they could not, would not as the ex had some of the bank accounts and all the credit cards in his sole name. I later found a document that states, as guarantor I had rights to view all the bank accounts. But it was too late.
I therefore transferred what money was left in the Testamentary Trust and a large amount of money in the joint bank account (where Testamentary Trust had been "loaned" previously to a new bank account that was not joint - I felt it was my fidicuary duty to my father and my children to protect the Testamentary Trust money. Because how was I going to feed them, and look after them.
The day my ex moved out, Friday afternoon, I called the bank and instructed them to freeze the bank accounts - I explained what I knew about the ex, at that time - they agreed. Later, bank statements show they continued to allow him to access funds early the next week and again, 6 months later. The bank won't explain. I have seen phone bills that show the bank manager and the ex had many conversations in the lead up to refinancing the Line of Credit, after hours. And whilst I was away interstate. At this time, the ex opened a joint bank account at a branch I've never been to. The ex is very charming and has an incredible way with words.
Late July 2012, the ex took me to court to return the Testamentary Trust funds that he denied were Testamentary Trust funds. I was given 4 days to prepare for the trial, and I had not officially appointed a lawyer, I was renovating to sell the marital home on my own, I had 4 kids struggling, one was having her 21st within those 4 days. And I had little knowledge of the complex finances the ex had created. I'd only just started to realise the financial mess and I had been busy copying his documents but no time to decipher them. I also had become so paralysed with 'post traumatic stress disorder', depression etc that I could not actually read. My brain was forgetting simple vocabulary and I was transposing numbers; I could not put a pile of bills in numerical or alphabetical order. I lost half my body weight.
The Magistrate failed to read my affidavit and ordered that my husband and I each get $20,000 as part property settelement or spousal maintenance to be categorised later at trial. And I had to pay out for some of his debts. The only funds available, originated from Testamentary Trust funds. Later, the Testamentary Trust was joined as 2nd respondent.
My ex was asked to 'Admit facts' - total waste of time.
By March, I had become suspicious he was unilaterally taking more large amounts of money ($35,000 approx) from the bank accounts, but he had stopped my ability to view the accounts online and I repeatedly requested the bank to remedy the situation, but they could not, would not as the ex had some of the bank accounts and all the credit cards in his sole name. I later found a document that states, as guarantor I had rights to view all the bank accounts. But it was too late.
I therefore transferred what money was left in the Testamentary Trust and a large amount of money in the joint bank account (where Testamentary Trust had been "loaned" previously to a new bank account that was not joint - I felt it was my fidicuary duty to my father and my children to protect the Testamentary Trust money. Because how was I going to feed them, and look after them.
The day my ex moved out, Friday afternoon, I called the bank and instructed them to freeze the bank accounts - I explained what I knew about the ex, at that time - they agreed. Later, bank statements show they continued to allow him to access funds early the next week and again, 6 months later. The bank won't explain. I have seen phone bills that show the bank manager and the ex had many conversations in the lead up to refinancing the Line of Credit, after hours. And whilst I was away interstate. At this time, the ex opened a joint bank account at a branch I've never been to. The ex is very charming and has an incredible way with words.
Late July 2012, the ex took me to court to return the Testamentary Trust funds that he denied were Testamentary Trust funds. I was given 4 days to prepare for the trial, and I had not officially appointed a lawyer, I was renovating to sell the marital home on my own, I had 4 kids struggling, one was having her 21st within those 4 days. And I had little knowledge of the complex finances the ex had created. I'd only just started to realise the financial mess and I had been busy copying his documents but no time to decipher them. I also had become so paralysed with 'post traumatic stress disorder', depression etc that I could not actually read. My brain was forgetting simple vocabulary and I was transposing numbers; I could not put a pile of bills in numerical or alphabetical order. I lost half my body weight.
The Magistrate failed to read my affidavit and ordered that my husband and I each get $20,000 as part property settelement or spousal maintenance to be categorised later at trial. And I had to pay out for some of his debts. The only funds available, originated from Testamentary Trust funds. Later, the Testamentary Trust was joined as 2nd respondent.
My ex was asked to 'Admit facts' - total waste of time.
