QLD Have I Committed Fraud and Will I Go to Jail?

[Isla]

Following my separation with my husband, I left Australia with my little daughter. My ex-husband knows and he came to see us on Christmas. My ex-husband and I have been on good terms. We talk on the phone almost everyday. He had a terrible accident when I was 8 months pregnant and he suffered from brain injury. He is not the same person as he was before although he still functions ok on the day to day routines.

His brother keeps my ex's money that came from the insurance company. He controls all the money my ex has that sits in his account . We dislike each other terribly.

I can access my ex-husband's (other) savings freely because he let me do so, and instead of receiving child support arranged by the agency, my ex and I arrange the money between ourselves. There never was a problem until the brother found out.

I received 2 emails today from the brother - threatened to take me to jail for fraud, saying I am stealing money from my ex. I called my ex immediately and asked him if he is the one who made the complaint. He said he would never do that and he also doesn't talk to them because often they argue over the money. The emails I received are very rude, with dirty words no one can accept and I do not want to respond. My ex-husband's brother said he already found lawyers to proceed with the fraud case and they will send me to jail.

My definition of stealing is: to take one's possession without his/her knowledge and/ permission. I have called Australian Federal Police and other institutions in Australia and asked for information regarding this.

Can anyone provide me with more information regarding this matter? Have I committed a crime by taking money from my ex-husband's account with his permission? Any suggestion/opinion is highly appreciated.

 

[Hope this helps]

Following my separation with my husband, I left Australia with my little daughter. My ex-husband knows and he came to see us on Christmas. My ex-husband and I have been on good terms. We talk on the phone almost everyday. He had a terrible accident when I was 8 months pregnant and he suffered from brain injury. He is not the same person as he was before although he still functions ok on the day to day routines.

His brother keeps my ex's money that came from the insurance company. He controls all the money my ex has that sits in his account . We dislike each other terribly.

I can access my ex-husband's (other) savings freely because he let me do so, and instead of receiving child support arranged by the agency, my ex and I arrange the money between ourselves. There never was a problem until the brother found out.

I received 2 emails today from the brother - threatened to take me to jail for fraud, saying I am stealing money from my ex. I called my ex immediately and asked him if he is the one who made the complaint. He said he would never do that and he also doesn't talk to them because often they argue over the money. The emails I received are very rude, with dirty words no one can accept and I do not want to respond. My ex-husband's brother said he already found lawyers to proceed with the fraud case and they will send me to jail.

My definition of stealing is: to take one's possession without his/her knowledge and/ permission. I have called Australian Federal Police and other institutions in Australia and asked for information regarding this.

Can anyone provide me with more information regarding this matter? Have I committed a crime by taking money from my ex-husband's account with his permission? Any suggestion/opinion is highly appreciated.

I suggest you and your ex-husband get together and sign a written agreement stating 'since certain date and year...' both of you have agreed that you are able to access monies from his bank account (state account details and bank details) as per a verbal agreement between, etc. Both must sign this document and a 'Statutory Declaration' in front of a Qualified Justice of the Peace.

I would also contact CSA for information or look up on their website and see how much your ex-husband should be paying. You have not committed Fraud. However, seek legal advice, especially as your ex has had brain injury and depending upon the extent of the damages, whether your ex-husband is willing or capable of stating his wishes himself (otherwise, he does have access to Disability Advocacy Service to assist him in writing and signing an agreement of his wishes to pay child support to the amount he wishes providing you are in agreement).

As for the brother-in-law, whether he has been appointed by his brothers as his carer, Trustee of his brother, or other does not allow him to send threatening and abusive emails and you are in your right to have him Charged for AVO, harassment written verbal abuse, defamation of character and other such chargers in relation to the emails sent.I suggest strongly , seek legal advice, speak to your ex-husband and get a written agreement and for your ex husbands sake please stay calm when speaking to him and remain in a calm manner due to his severe head injury which has and often does change the personality and behaviour of a person because particular areas within the brain has been affected as he will not be able to either cope nor capable of handling any matter if placed under mental stress or emotional strain.

His brother obviously is not doing his job by assisting his brother. Under the code of HACC, Australia Human services, Disability Act, Rights and Responsibilities Act of Codes and Ethics for the Age and Disability plus others all found on the website (start with Australian Government Department of Human Services the brother-in-law should be investigated.

Don't let the brother intimidate, threaten, abuse or bully you. Most of all, don't allow him to come between the good relationship you have with your ex-partner and the child's father who are of higher value than the brother-in-law.

 

[Isla]

I am very thankful having received this information. I will definitely seek legal advice. Thank you so much.

 

[Hope this helps]

I am very thankful having received this information. I will definitely seek legal advice. Thank you so much.

Whether your ex is paying below or above the amount for child support does not matter if you both are in agreement. In fact, it is the parent who cares less of the child and more about themselves or wishes to cause trouble for the ex-partner who creates the problem. CSA do not need to be involved at all.

However, this matter is between yourself and your ex only! It is of no business to the brother-in-law at all! In fact, he should be following and abiding the wishes of his brother as the monies belong solely to your ex-partner. For this reason, it is wise to find out yourself the correct payable amount as it seems you have 100% care of the child. But just as important to have the brother-in-law investigated so he himself is not abusing his own brother financially, verbally, emotionally or any acts of embezzlement/ fraud himself.

All the best.

 

[Isla]

Hi, I have to get back to this forum again.

My ex-family claimed that my ex-husband does not have the capacity when it comes to financial decision making, and that the permission he gave me is not legitimate.

I understand that my ex has an impairment but he is able to travel overseas alone and performs some other task (paperwork, etc) independently. He is able to withdraw his super and did all the paperwork without help.

Now the mother said she has appointed a third party to investigate properly and would want me to return the money I have taken. Although my ex strongly insists that he does not want that to happen.

My question is:

I understand the condition that my ex in has made him difficult to express what he wants in some ways. Someone like him, who is classified as incapacitated to some extent, does not have the rights to express his wishes at all?

I have been unable to sleep well and perform as a mother these days.