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TAS Breach of Property Settlement Orders by Ex - What to Do?

Discussion in 'Family Law Forum' started by Sproutsx3, 3 August 2015.

  1. Sproutsx3

    Sproutsx3 Active Member

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    I have a question about a family court stamped property settlement order December 2013, settled, which had ongoing provisions re children that have all been continuously breached and ignored by my ex-husband, and the implications of putting a caveat over his sole property now (property was jointly mine which formed part of the settlement order stamped via court).

    As a result of breaches of settlement order re children, I have had to pay my share plus my ex-husband's or forfeit certain entitlements detriment to our children, which in turn has placed significant pressure financially on myself at a time. Two of our three children have had out of the normal medical expenses with the youngest being diagnosed with a life threatening autoimmune disease.

    My ex-husband has repeatedly stated he would pay me back his share of the money but it has been over a year, and not one cent has come my way. He owes me over $4000 now.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Are you asking what your legal options are for remedy?
     
  3. Sproutsx3

    Sproutsx3 Active Member

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    I realise I can take him back to the Launceston Courts re breach of settlement order, but in the interim am I legally allowed to place a caveat over ex's property, once joint marital property, because of breaching same order that marital property was settled within? My arguement being that I was entitled to argue a larger % share and would have if these extra conditions regarding who pays what of the children's ongoing educational needs wasn't included, and had I have know he would breach those said orders.

    Apparently there can be serious repercussions for placing a caveat over a property that you are deemed to have no interest in? As he has breached the same order that the property we settled in, where would I stand please? I can not afford to 'cut off my own nose to spite my face'. Thank you
     
  4. Sproutsx3

    Sproutsx3 Active Member

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    Hindsight is a great thing and I should have pushed for a larger settlement (which I would have been entitled to with the 3children solely in my care) of up to 75% instead of 53% that I eventually agreed to. And I would definitely have pushed for more had these extra conditions not been included or if I had known he would ignore them.
     
  5. Sproutsx3

    Sproutsx3 Active Member

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    I realise I can take him back to the Launceston Courts re breach of settlement order, but in the interim am I legally allowed to place a caveat over ex's property, once joint marital property, because of breaching same order that marital property was settled within? My arguement being that I was entitled to argue a larger % share and would have if these extra conditions regarding who pays what of the children's ongoing educational needs wasn't included, and had I have know he would breach those said orders.

    Apparently there can be serious repercussions for placing a caveat over a property that you are deemed to have no interest in? As he has breached the same order that the property we settled in, where would I stand please? I can not afford to 'cut off my own nose to spite my face'. Thank you
     
  6. Tim W

    Tim W Lawyer

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    Caveats do not create a charge over the property the way some people think they do.
    Caveats don't create security for a debt the way some people think they do.
    And they don't work anything like what you see on American TV (nothing does).

    All a caveat does is stop the Registrar from dealing in the property
    until whatever dispute has been dealt with.

    Except for having to pay a respondent's costs in a lapsing motion,
    I don't know what you mean by "serious repercussions".

    Perhaps a visit to a Community Legal Centre would help.
    There's one in Devonport and one in Launceston.
     
  7. Sproutsx3

    Sproutsx3 Active Member

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    I hate that I have to go back to court because he is an irresponsible person, just the thought of court re breach of court order stresses me. I thought I had finished, signed and delivered, with this abusive irresponsible man. It saddens me, and is just consistently more and more of my time ... Either court of let him get away with it, wow wonderful (not)
     

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