NSW Asset Division post divorce

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Unknown?

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10 June 2017
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Hi,

Its been about 8 months since the ex and I got divorced. there are 2 kids under 5, he doesnt see these kids often maybe once or twice a year on the hush hush as he has a new family and the new wife doesnt approve of my 2 kids. I believe i have 12 months to take action on any property settlement ect. He and i didnt have a house but we did have a lot in personal affects, cars and money in the bank. At time of separation it would have been an estimated $200,000.00.

When our relationship broke down i was permitted to leave with the lesser valued car, mine and the kids clothes, toys and books. it was decided that when i found a place we would split the assets we had put down on paper (that i stupidly let him keep) roughly what each of us would get.

he left me with about $15,000.00 in debt that to date he refuses to pay half off, he also refused to pay child support for 8 months which put me in further debt having to purchase cot, beds and linen ect until i had enough and obviously my FTB payments were cut to base rate that i then contacted CSA he has since paid his child support.

2 months ago (i wasn't aware of the lotto winnings) i found a place and asked him about how he and i were going to split the household item, i have a house that i can move into in a month. I had given him warning a month before that i was looking for a place so it wasnt a last moment bomb dropped on him he had warning, plus the one month till i moved him.

he promptly replied with a very nasty text saying its been 2 years since we separated im not getting a cent from him or any of the household items. when i said thats hardly fair we had an agreement he said thats how life is F off and get on with it and if i continue to pursue this issue he would cause me problems.

Id only just had the money for some furnishings (expecting id get half or close to some of my old household items), bond, rent and to fill the fridge and cupboards. i had to let the rental go, losing my bond.

I left the issue be to stick it out with family until i can save the funds again. however since finding out about his lotto winnings its frankly pissed me off he has so much money to buy $400,000 in cars a new house and to quit his job and he couldnt split the household items with me. it was extremely greedy and selfish. i guess iv reached the end of my play it nice and dont rock the boat stance when he wants to be like this.

Please understand i DONT want any of his lotto winnings. i dont believe he deserves it but im sure the universe has bigger plans for him. Im not here to cash in on that unlike him i believe in karma. but i do want him to either give me half the household items or pay me out for it. iv lost out on having to pay debt that was accrued by him, cars that were worth a lot of money that he sold off and a large sum of money in the bank so i dont believe im being unreasonable of greedy asking for half of the household items. this will allow me to set up a home for myself and his and my kids instead of living cramped with family.

is it a lost cause or is there something i can do? i have seen from similar previous posts that issues like this going to court normally cost soo much in legal fees that its hardly worth the time or stress. is there another way around this? or do i just buck up and call it a day. thank you again so much for your time.
 

Rod

Lawyer
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27 May 2014
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I'd be filing a case now. Before the assets disappear.