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TAS Contravening Court Stamped Property Settlement Orders?

Discussion in 'Family Law Forum' started by DMRiley, 14 November 2014.

  1. DMRiley

    DMRiley Member

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    Family court stamped settlement orders 10/2013, we settled 12/2013.

    In the property settlement orders, a few agreements were made regarding, and safeguarding (I thought) the 3 children of the marriage (just because the parents were divorcing it was viewed things shouldn't change for the children re decisions we would have made had we stayed together). Agreements were put into place to save future headache, disagreements and settlement (he is hard to deal with at the best of times and doesn't make life easy).

    Agreed, in court stamped orders, as ex owed me unpaid child support that he would pay children's school fees until end grade 12. Agreed, both parents would continue to pay kids scholarship fund payments quarterly.

    Prior to my eldest child return to school beginning of this year, the very day prior I had to go purchase and pay for his stationery as the ex had not attempted to do so even though court stamped orders state he is responsible for children's school costs. $442 still owed to me but I advised the ex to keep the money as my share of payment of the next scholarship fund fees (this account is mailed to ex husbands address).

    7 weeks ago I rang scholarship fund as eldest turns 18 soon, only to be told that they had lapsed all 3 children's policies as quarterly bill and reminders were ignored. These policies remain in my ex and my name on behalf of our children, commenced when children were 6mths old or under. I'm furious he could do such a thing to his children especially when eldest needs what this fund provides for as of next year. I told the fund I was upset they hadn't even tried to contact myself as a half policy owner (they replied they can only mail to one address). However, they agreed to reinstate in full if I paid all the policies out in full.

    Hence I have a $3,900 bill to pay to reinstate and if I don't i never get the chance again. How easy was it to pay $200 each every quarter! Now my kids and I have lived off the smell of an oily rag for me to pay this bill. I have sent ex a letter requesting his share of this bill but I'm not holding my breath :)

    He has contravened the court stamped orders twice. Family court said it is contravening a court order and sent me forms to complete to have yet anther court date set ... Omg the stress of it all. Court again?? And what can they do to him for contravening the order?? Any advice would be appreciated. I'm so over courts (no offence).
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi DMRiley,

    1. Contravening a court order has severe consequences. The other party will likely get punished. However, the nature and degree of punishment will depend on a number of factors:

    - Excuses/justifications for breach of order
    - Degree and nature of breach of order
    - Damage to other side and third parties
    - How many times did the other party breach (isolated breaches or continuous breaches)

    The consequences for breach range from a fine (and costs), to varying the order, to imprisonment. This is why a court hearing will need to be conducted.

    2. You can elect to (i) punish the other side for the breach; or (ii) just have the other side remedy the breach without seeking punishment. Depending on what you elect, the forms to court will be different.

    - for punishment: application-contravention
    - for remedy: application in a case
     

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