QLD Divorce - Centrelink Fraud and Child Support Questions

[Jay Cee]

I am getting ready for a divorce settlement. The situation is quite unique.

We were married for two years, with a 6-week separation after a year following an infidelity.

When the marriage ceremony occurred, my wife was released from a psychiatric ward for the wedding and honeymoon. In the 4 months leading up to the ceremony, she received Electroconvulsive shock therapy three times a week and was heavenly sedated with antipsycotics and other medications. Her treating doctor was aware of the wedding, although provided no letter to the celebrant that wife was fit for wedding. From my side, she made threats of suicide if the ceremony was postponed. I wonder if an annulment is possible?

Secondly, from the moment we were married, she told Centrelink we were separated and not living together so she could continue to maximize her Centrelink payments and continue receiving family tax as a single mother, without my income being taken into account. So as far as the government and Centrelink are concerned, we were never actually living together. In her declaration of income and assets over the marriage period, will she have to declare her family tax benefits as income?

Her daughter is 16 now, could I be liable for child support?

My son is 10 and with me part time. I pay child support to his mother, could she be liable for child support of my son?

We have absolutely no assets, and a few pets that have already been divided. I imagine she will be focused going after my super earnt over the two-year period.

In the process of this, I imagine she will be admitting to the Centrelink fraud. I have already informed them of the situation.

Thoughts and help please.

 

[sammy01]

I'd suggest you just get divorced. If you don't have kids with the ex and if there are no significant assets, then there is no point in doing any type of asset division and given the marriage was short.

All the more reason, basically the ex has no claim on your assets and you don't have a claim on hers because the marriage was so short.

 

[Jay Cee]

I'd suggest you just get divorced. IF you don't have kids with the ex and if there are no significant assets then there is no point in doing any type of asset division and given the marriage was short, all the more reason, basically the ex has no claim on your assets and you don't have a claim on her's because the marriage was so short.

When you say she has no claim on my assets because the marriage was so short, does this include my super? How login does a marriage have to go before she has claim on my super?

 

[AllForHer]

The only superannuation that can be included in a property settlement is the superannuation earned during the marriage. So if your balance was $100,000, then you divorced two years later when your balance was $120,000, then only the $20,000 will be included in property settlement.

So if she can claim super, it's not going to be the full balance, it will only be a portion of the balance that was earned during the marriage. On top of that, it would still be subject to superannuation laws - it would be transferred from one fund to the other and would remain inaccessible until age of retirement.

 

[sammy01]

There are no hard and fast rules when it comes to assets. It is a case by case kinda deal. So my marriage was 7 yrs. The ex came in with a nice inheritance of $100000. So after 7 yrs, that was still considered more hers than mine...

Mate short version - I don't think it would be worth her while come at you for your super. Get divorced, let her choose to make a court application. I reckon she won't bother.

 

[Lennon]

If her treating doctor knew of the marriage but did not raise objections, there's little likelihood that you would be able to establish that she was unable to consent to the marriage.

Just get divorced, like everybody else who made a bad decision has to, and move on.

 

[Jay Cee]

I have been told by the landlord that I have to dispose of one of the two dogs I have. She has messaged me saying I must keep them until the divorce settlement, still 9 months away.
To stay in my property I will have to rehome a dog. Will I get in trouble for this in the settlement?

 

[sammy01]

family law doesn't really say much about pets... I'd suggest you offer to give her one or both of the dogs. Do it in writing and inform her that she can have a few weeks but then you'll be forced to get rid of one of the dogs as directed by the landlord.

Mate family law ain't that complex - but there is one golden rule... Never accept advice from the ex...