QLD Family Trust

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now


26 May 2020
I hope this is allowed, I desperately need help, please.
I met my husband in 2009, I had 2 children, he had 1, we then had 4 together. He’s a builder, we built our home in 2013, married in 2015, he remortgaged in 2017 and loaned the money, $220,000, to his company on the condition it was returned within a few months.
He is a nasty drunk and after he raped me, resulting in a miscarriage, I realised I’d had enough. He told me that I’d be sorry.
My car was reported stolen, he came with police to take it, even though I had the contract listing me as the purchaser. Considering I wouldn’t be able to get my kids from school that day, and he said it wasn’t his problem, the officers let me keep it for an extra day.
Last year, he and his solicitor told me he was moving home. I applied for a DVO, in turn, he cross filed against me. The legal aid lawyer said if I went to trial, I’d likely end up with no orders, so I accepted reciprocal DVO’s. He insisted on the same conditions. He’s repeatedly breached it, but the police say there’s nothing they can do, so I stopped reporting it when an officer told me I was lucky his text didn’t say he was going to stab me.
His time with the kids, including my 2nd eldest, he didn’t want my eldest, was Thursday and Friday afternoons and alternate Saturdays. He was offered alternate weekends and 50/50 but repeatedly declined, saying the kids were a burden. In December 2019, I was ordered to the Federal Circuit Court. I wasn’t entitled to legal aid, so my grandma lent me money for a solicitor. He wanted 60% of the equity and alternate weekend visitation with our children. I agreed, but in court he chose to keep the original agreement. The judge ordered full financial disclosure including 11 companies he’s tied to. His barrister tried to fight that. We also attended a Child Inclusive Conference, where he made several allegations against me, and claimed I was the alcoholic. I said the first year was hard, I’d have a few drinks on a Saturday night, watching the footy while the kids were asleep, but for over a year now, like before the separation, I’d only had a drink on 3 occasions, being social events without the kids. The Child Consultant spoke to our 3 eldest, and they all shared similar views of their father. Constantly being yelled at by him and his partner, getting blamed for things they didn’t do, getting smacked and slapped and made to watch everyone else eat dinner. They said they’re afraid of him, and they really don’t want to sleep at his house because if they have a nightmare at home, they wake me up and I tell them to dream of fairies, unicorns and chocolates, and that always makes them feel better, but if they were with him, they wouldn’t wake him as they’d be in serious trouble. The Family Consultant recommended that time be reduced and that a Family Report and CDT testing occur. The next hearing was March, I’d handed over my financials, but had nothing from him. My solicitor asked that a Family Report and CDT testing be ordered, but the orders were to attend mediation and the children’s time reduced at his agreement. My solicitor emailed repeatedly asking for financials and listing local mediators, but he ignored them. My solicitor filed an application for Spousal Maintenance, in lieu of child support, but I was informed that the judge has strongly advised that I withdraw it, that it would be declined as I’m currently benefiting from the special government payments, that he is paying the mortgage and outgoings and that he doesn’t have the capacity, while I didn’t agree with the reasoning, as I wasn’t receiving any extra benefits, he isn’t paying the mortgage and I pay the bills and he earns well over what he claims, but as its already declined, I withdrew, and informed my solicitor I could no longer afford him. I was still required to appear last week. The judge asked if I’d withdrawn the application, I said yes (respectfully, every time), she said good, she’d already rejected it. My husband mentioned property, she asked if he’d sold the house yet, and he said no, that I wouldn’t let it sell. She asked me why I wouldn’t let it sell, I said I can’t do anything about it. She asked again why was I blocking it, I said my name isn’t on the house, he’d only allow it in his name, and I don’t have that power. She asked him if that was true, he said yes, but I was living there. She asked me why I hadn’t moved out, I said I’m a single mother of 6, who I support alone, I can’t afford to, and there’s no where else to go. She said that was my problem and asked why I hadn’t attended mediation, I said I had no financials, he said they were sent. The judge asked again, I tried to explain but I was cut off each time and not permitted to speak again. I was then told that I’d chosen not to follow orders, more directions were being issued, including the house being listed for sale within 21 days, and mediation, with the judge saying she would know if I don’t attend. She asked him how much was owing, he said $960,000. She asked if he’d get that from the sale, he said no, and she said then it’s just be a case of paying off debts, and then splitting the remaining mortgage debt equally.
That night, he sent about 50 emails, with 5 copies of the same statements and the majority missing. Included, were my confidential court documents, that he’d emailed to his business partner.
Based on everything I know, this is what I’ve concluded;
Before separating in December 2017, our mortgage was approximately $450,000, on a house valued at $850,000. After remortgage, that debt became $670,000. My husband and his business partner, both claim he stopped working for the company in December 2017, and that he’s self employed, earning a wage of $660/week. However, the company have always traded under my husbands builders license, for which he has to be a director or employee. When he remortgaged, and has repeatedly stated I was aware of this as his business partner had explained to me that I could not be listed as I didn’t have an income, he has only declared an income for of $17,000 for himself in the 16/17 year. For the same year, he and his accountant have declared an income of $22,000 on my behalf, without my consent. So, the bank loaned him $670,000, which he now claims paid back loans to his company, for a year that his earned $17,000. In court last week, he stated the bank mortgage was now $760,000, an increase of $90,000 in 2 years.

In March 2018 (the same day the car was reported stolen), his solicitor emailed me stating; the mortgage was $680,000, his ATO debt was $15,000 for 16/17 financial year and a $200,000 mortgage debt to his company. So, in the same year he declared an income of $17,000, with 6 dependents, he now has an ATO debt, but still borrowed $880,000 against a house valued at $850,000. The total mortgage debt is now $960,000. That was the first I’d heard of any money owing to his company, and it wasn’t officially registered until August 2018, 5 months later, and signed off by a relative of my husbands business partner. It hasn’t changed in 2 years, no interest accruing, no payment plans, no sign of where it came from or went to, or what it was for.
Over a 12 month period, his trust was credited $88,000, mostly from the company he claims not to work for. There’s a $40,000 payment from a Super Fund that was deregistered in 2017, but no record of the $45,000 in shares he sold before proceedings started. He transferred $43,000 to his girlfriend in that time, which I understand isn’t my business, except that I think he’s claiming it’s going to me, because in the emails were the Family Trust Financial Reports, which state that for the 17/18 and 18/19 financial years, 3 beneficiaries received distributions from the trust. 1. Is a business in his name, claiming $23,000. 2. Is me, listed as a beneficiary with my name spelt wrong, having received $40,000 each year, and 3. Is him, receiving $54,000 for 2018 and $85,000 for 2019.
I cant afford another solicitor and I’m pretty sure my last one didn’t actually look at his financials, seeing as he’s claimed 6 dependents for the last 3 tax years, but while he’s continued to have his eldest child every second weekend, and paid over $8000 in child support for her in a year, my kids haven’t received a cent in 2 and a half years, and he only owes $8600 for 4 kids, and I’m held liable for fraudulent debts, and forced into bankruptcy and homelessness. I can apply for a change of assessment, but I can’t use court documents, so the fact he states his trust earns over $2300 a week, is irrelevant, and they’ve said there’s no point because they still won’t know where the money goes. I was freelancing part time, for very little money, but I lost that when homeschooling 5 children and a toddler for 8 weeks. I don’t sleep because I can’t stop thinking of a way out. I desperately want to work, but with no qualifications or experience, and the medical issues caused by chemo, there’s not many opportunities. I don’t earn enough, even when working, to be eligible for a private rental. I am listed for social housing, I’ve said we’ll take anything, anywhere, even 1 or 2 bedrooms we’ll make do, but government regulations say they can’t offer anything smaller than a 4 bedroom, and they only come up every few years, not to mention the waiting list. And he’s trying to seek orders that stop me moving further than 50km from him, and I’m legally required to notify him of any change of address. I understand that people will form opinions of me regardless, and that’s okay. There is a lot more to it, but I’ve had to keep within the word limit, I do apologise for the length. I’m out of options. I would be incredibly grateful if anyone has any advice to offer, even if it’s just a run down of the trust structure. Thank you so much for taking the time to read this, it means the world. I don’t think I’ve ever felt this hopeless.