NSW Credit card addback on balance sheet

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Wali

Active Member
12 June 2021
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1
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Hi,
My ex wife through her solicitor is claiming addback's of $60000+ for credit card payments made during the relationship dating back to 2017. We separated in Dec 2019. Both of us had a credit card each for same account and the payments were made from our joint account. Is this going to hold up in court?
 

Atticus

Well-Known Member
6 February 2019
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Add backs generally only apply to joint money or assets spent or disposed of unilaterally by one party post separation but prior to a settlement.
 

Wali

Active Member
12 June 2021
6
1
34
That's why I am concerned because her lawyer should already know this. I am representing myself as there is nothing to hide. I have provided all documents that were asked for but it is so hard to get anything from them. Why are defendants always treated like criminals?
 

Atticus

Well-Known Member
6 February 2019
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So just to clarify .... Is she saying that she paid $60K towards a joint credit card pre separation & that the $60K is money that ought to be adjusted in her favour? .... On what basis? ... Was it gambled away by you, spent on prostitutes or something?
 

Wali

Active Member
12 June 2021
6
1
34
So just to clarify .... Is she saying that she paid $60K towards a joint credit card pre separation & that the $60K is money that ought to be adjusted in her favour? .... On what basis? ... Was it gambled away by you, spent on prostitutes or something?
No, I have bank statements to justify that the money was used to pay for the monthly credit card bills during the relationship. I was transferring money from the joint account to the CC a/c which were all from the same bank. No gambling, no prostitutes or anything like that. All she is saying that I paid the bills without her knowledge but she also bought stuff using the secondary card. There is nothing out of the ordinary on the CC statements.....just everyday things like shopping at woolworths, fruit shops, butcher, target, kmart, bigW and water bills, electricity bills, etc,etc. What I want to know is if her lawyer already knows that money was spent on family expenses during the marriage so why now an addback on her side?
 

Atticus

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6 February 2019
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What I want to know is if her lawyer already knows that money was spent on family expenses during the marriage so why now an addback on her side?
I guess that's something he will have to explain to court ...... I wouldn't let it fluster you too much, can't see it being accepted... If there was clear evidence of you having wasted funds on gambling or such, possibly, but even that's difficult if the expenditure was pre separation.

Has there been an application for property filed yet?
 

Wali

Active Member
12 June 2021
6
1
34
I guess that's something he will have to explain to court ...... I wouldn't let it fluster you too much, can't see it being accepted... If there was clear evidence of you having wasted funds on gambling or such, possibly, but even that's difficult if the expenditure was pre separation.

Has there been an application for property filed yet?
Yes, she has made an application through her lawyer for property settlement and asking for a 75/25 split in her favour. How can they ask for a split so grossly one sided and unfair?
 

Atticus

Well-Known Member
6 February 2019
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asking for a 75/25 split in her favour. How can they ask for a split so grossly one sided and unfair?
Really depends on circumstances..... In some cases it could be justified, if for example she bought significant assets into the relationship, the marriage was short, & the assets have formed the basis for the majority of wealth at settlement..

Do you have a lawyer or self representing? ..... If you are self rep, unless you have a pretty thorough understanding of the act & what is taken into account to ascertain a fair & equitable division, you would be well advised to spend a bit of money & taking along all the facts & figures (current valuations etc) to a family law solicitor & get an opinion on a fair & equitable division .... You can then challenge their claim (still self rep if you wish) based on good legal advice.