LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Funding Family Law Legal Action with Superannuation?

Discussion in 'Superannuation Law Forum' started by Steve1905, 30 January 2015.

  1. Steve1905

    Steve1905 Well-Known Member

    Joined:
    21 November 2014
    Messages:
    42
    Likes Received:
    1
    Hi,

    I earn too much to get legal aid and way too little to pay solicitor fees. I am barely able to support my 2 other sons who i have custody of. I would like to know if i can access my superannuation to fund my custody hearings. There are currently no court orders in place and i am being blocked at every turn to get access to my 6 year old son. Besides school he is basically locked away from the world to stop me seeing him. My ex does not work and will get legal aid.

    I thank you in advance for any help.

    Regards
     
    #1 Steve1905, 30 January 2015
    Last edited by a moderator: 24 September 2015
  2. John R

    John R Well-Known Member

    Joined:
    14 April 2014
    Messages:
    637
    Likes Received:
    165
    Hi @Steve0107,
    There are other forum members more familiar with Family Law so I look forward to reading their responses in relation to your apparent access and custody issue.

    My understanding is that, as a general rule, early release of superannuation is unavailable to pay legal costs related to a family law dispute. That said, you should contact your superannuation fund to confirm your eligibility for early release of superannuation. Further information is also available under the Department of Human Services' Early Release of Superannuation page.

    Please keep us updated with your progress. All the best!
     
    Paul Cott and Ian Macleod like this.
  3. Steve1905

    Steve1905 Well-Known Member

    Joined:
    21 November 2014
    Messages:
    42
    Likes Received:
    1
    Thank you John,
    I have used this site for custody advice as well. I have also been to mediation, family law duty solicitor and a solicitor. All say I'm doing the right thing and will get custody if she neglects to let me see him as she does not have his welfare in mind. This will cost me money I don't have and take some time which doesn't help my son now. That's the reason to see if I can free up my super.
     
  4. Paul Cott

    Paul Cott Well-Known Member

    Joined:
    26 May 2014
    Messages:
    151
    Likes Received:
    67
    Steve I agree with John's comments. It is notoriously hard to get access to super money early. It usually requires a real almost emergency situation like where you are about to lose your house because you cannot pay the mortgage. Good luck with it all.
     
    CathL likes this.
  5. okanynameyouwishthen

    okanynameyouwishthen Well-Known Member

    Joined:
    12 February 2015
    Messages:
    68
    Likes Received:
    5
    Firstly Steve......SNAP brother! it's been 21 months now since our beautiful daughter (7 nearly) was secured away under the shameful guise of " love " [Redacted by Moderator - Breach of Community Guidelines] so I feel for ya mate, I really do.

    If you know your right & know in your heart you've something to offer your little bloke by way of a dad ......self-represent !? What happened at mediation? [Redacted by Moderator - Breach of Community Guidelines]

    I tried all avenues to keep it out of court invites to post-separation counseling, arbitrators, parenting plan input & finally FDR mediation where the DV method gets the exemption so no mediation. Only option left is filing. Quicker you get it rolling the lesser the "status quo " duration is as in mum & child's new home/life. Nightmare!!

    ** PAUL **
    with regards to super early if about to lose house. Due mainly to the above I fell into a deep pit for while & am in strife with my lender who refused to issue the "3 + 12 letter " to my super fund that would allow them to release 3months of payments + 12 months of interest as they realized I lost my job.

    Question ...If in the supreme court & bank seeking possession will a judge demand the bank provide the letter?? As I'm in the ridiculous predicament of having a 160K mortgage that is matched give or take 5K as what the balance of my Superfund is. I'm struggling to get my head around fact I may be made homeless & be living in a bush down the park safe in knowledge I got nice stack in the super still? AAAGGhhhh
     
    #5 okanynameyouwishthen, 17 February 2015
    Last edited by a moderator: 17 February 2015

Share This Page

Loading...