VIC Family Law and Changing Final Orders?

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sammy01

Well-Known Member
27 September 2015
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You're not stupid.... See I think costs orders get made when one party was stupid... And their stupidity lead to extra $$ getting wasted.. In short judge has to satisfied that the other party was out of pocket because of your stupidity...

So help us out... IN summary... What was your proposal for kids? What was his? Now I don't think there was a huge discrepancy there... You didn't refuse access just for for fun?

Next financials - what % of assets did you claim you should get? What did he say you should get.... So (don't laugh - this is what my ex did) she made a proposal where she got 105% of the assets - YEP 105%... Now if she maintained that stance and it went to a full trial, then I would have had a good claim for costs...

Finally, how much $$$ is the ex chasing you for to settle the costs matter without court?

oops one more thing... Don't respond. OR respond yourself... Dont waste money on solicitors unless you're actually going to court... BUT I might change my advice depending on your answers to all the questions above...
 

B77

Well-Known Member
1 October 2017
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Our pool was tricky to establish (long story) but I was asking for 65-70%. The last offer he made was for $100k. BUT I had to agree to the exact Family Report recommendations - transitioning immediately to 9/5 split (3 days one week, 2 the other). I accepted offer for property. But wanted to introduce the final 9/5 split 12 months later when kids were older, so I didn't agree to children. My last offer was still a 9/5 split but for alt w/e fri-mon and o'night in each week. Property I sought was $150k. At final hearing, children matters were settled by consent - as per Dad/family report. And for property judge ordered $80k to me.

I didn't withhold the kids, though dad has accused me of this as per my previous posts. So now with the threat of application for costs I'm being accused of prolonging the case, not settling on an earlier offer, making false allegations, etc. etc. Unfortunately even though the allegations were true, I had no proof.

Ex seeking $10k upfront. Threatening to seek more in court if I don't agree. Do I suck it up and move on? Am at a point where all I have left to keep me sane is that karma is a b***h.
 

AllForHer

Well-Known Member
23 July 2014
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Considering that you've asked this question three times and we have answered three times, it sounds like you've already committed yourself to just paying it, so you may as well just pay it.
 

B77

Well-Known Member
1 October 2017
15
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Thank you for your response AllForHer. Apologies if I am being repetitive or annoying. This site has helped me a lot. I just don't want to paying the ex $10k if his lawyer is just trying it on. Especially when I am getting shafted with the amount the ex pays the kids in CS. Maybe my thinking is skewed, but that's my logic. And yes, I am leaning that way to just pay for the sake of the children. I am stressed and the children are stressed. My marriage was stressful. Our legal proceedings were stressful. I just want to put all this behind me. To be fair, my last post was in answer to sammy01 asking me specific questions and to summarise my situation and based on that he was going to respond further. Thanks again. I truly appreciate your help and this site.
 

AllForHer

Well-Known Member
23 July 2014
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684
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If you do just pay it, make sure you get some paperwork in place that stops them from applying for a costs order. Would hate for you to hand over $10k just to end up in Court for costs anyway because someone didn't dot the i's.
 

B77

Well-Known Member
1 October 2017
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Thanks AllForHer. Geez, I didn't think of that! My exes lawyer would do something like that, too! My lawyer has written to the other side to sign an agreement that the ex will make no further costs claims against me in future for property matters. Also stated that I agreed to the payment without the admission of guilt. Is that what you mean? Is that enough?
 

AllForHer

Well-Known Member
23 July 2014
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684
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If they're asking for $10k, I'd talk to your lawyer about also getting an agreement for no costs orders applications in parenting matters, either. But take your lawyer's advice, they know the situation better than can be explained here.
 

B77

Well-Known Member
1 October 2017
15
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Thank you so much AllForHer. I have asked for my lawyer to resend the agreement to the other side to state that he won't go for costs for "matrimonial matters" - so not specifying property. I hope that's the end of it! This part anyway!
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Better to write '.. matrimonial matters, including but not limited to property, parenting and <insert other matters here>.....'