Ex spouse refusing to assist in expenses

[JJ2022]

We submitted a joint application for divorce in December. The court date is 5 April. There is a DVO on my ex. He is exempt from child support because he refuses to pay, hides income and assets and uses financial control to manipulate me and the kids. If centrlink try to collect, there is not enough income as he is on welfare. He is too sick to work. He is lifestyle is supplemented by his mother and job seeker.

In the divorce application we both signed, it states that I have custody of the three kids and he agreed to pay private school fees, child support and other financial requirements relating to the kids.

My ex has a new partner. He refuses to see the kids unless they come to his apartment. My 12 and 14 year old refuse. My 10 year old will only go if I am there as my ex regularly passes out due to illness and he is afraid of being alone with this other person he doesn't know (the partner).

My ex says he will not assist financially unless they come to his apartment. I suggested he agree to meet them elsewhere so he can see his kids. He refuses.

What do I do? The kids do not want to talk to him.

 

[CSFLW]

Divorce applications do not dictate child maintenance or parenting orders, this is separate.

 

[Immismum]

If he is in Centrelink, how is he going to pay private school fees? Sometimes you just have to realise that things aren’t going to work the way you want them too, and get on with life the way it is.

 

[JJ2022]

His lifestyle is supplemented by his mother and job seeker. This is how it was done in the past. Unfortunately now he is too sick to work. I guess it is just tough luck and it is on me. Thank you for your reply.

 

[Immismum]

If his mother has the ability to pay, it might be worth going directly to her and asking for assistance. Let her know that you can’t afford to keep the kids at their current school and see of she’ll help.
Job Seeker is a pittance and doesn’t cover frugal living expenses for one person, let alone private school fees

 

[JJ2022]

Hi. Thank you. In time I might do that.

 

[sammy01]

3 different threads.... ok. No court orders means no rules. Kids 12 and 14? Look there is no rule that says at a certain age kids can decide... but at 12 and 14 they will have their opinions heard.
If u have concerns for his capacity to supervise the kids (and being a nasty vindictive ex doest count... not saying u are.... but u know 3 different threads...).

Oh calm down. How do I know u are not just looking for excuses... But if he has a confirmed health condition that meant u were reluctant to leave the kids with him prior to separation or the condition prevents him doing normal adult stuff like driving then fair enough.

You should not have to be present supervising during his time. If he has a disability or is incapacitated then it is his responsibility... that is why they call it divorce