WA How to File Apply for Property Settlement with Uncooperative Ex?

Hi,

My husband is refusing to cooperate with property settlement. He refused mediation. His lawyer responds, saying he won't agree to anything until his tax is sorted. He is now up to 5 tax returns that need to be lodged - but I suspect he won't given that the two different child support assessments will be altered and he will have to pay a lot more than the nothing that he pays now.

I suspect he won't agree to a property settlement as he knows that any money that goes into his account will be garnished by the ATO and Child Support. And he knows, I have no money and cannot afford a court case.

I am trying to do it myself but quite frankly, it's overwhelming and time-consuming and too hard. I have filled in all the paperwork, paid a lawyer to go over it for me. I don't have his address and nor will his parents give it to me. Do I put down his lawyer?

I'm not entirely sure of the process - do I file the initiating application and the court sends him the papers? Or do I have to serve papers on him? I can't personally - I'm protected by an AVO - and nor can I afford to pay someone to do it. Can I email them? It's the only way I have to contact him.

I'm finding this all very difficult - after years of abuse, I am still being dominated and controlled by him and there is nothing I can do about it without spending money I don't have.

Any help would be greatly appreciated.

 

Thanks. There is just ovet $100,000 in trust. It is from the sale if our family home whichbwas in both names

 

Thanks Sammy01 - we got to the point of even offering 50% and he still said no. It's bitterness on his part and he knows the only option I have is to go to Court which he knows I can't afford. It's economic abuse on his part and unfortunately the system allows this to happen.

As for Child Support - they can do nothing much - they are so under-resourced and have way too many non-paying parents, it's take a ticket with them and hope that one day you might get paid.

 

I can't imagine the Courts would be too impressed with his refusal to negotiate, cooperate, etc. Not that I can get an address to serve him anyway. Child Support rang me yesterday - they asked if I had an address for him as they don't and he wont answer the phone to them.