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:

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

Discussion in 'Family Law Forum' started by NDM0808, 12 July 2016.

  1. NDM0808

    NDM0808 Well-Known Member

    Joined:
    12 July 2016
    Messages:
    21
    Likes Received:
    3
    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.
     
  2. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,062
    Likes Received:
    126
    What sort of assets are you talking about and what sort of value? Is there a home with both names on the title?
     
  3. NDM0808

    NDM0808 Well-Known Member

    Joined:
    12 July 2016
    Messages:
    21
    Likes Received:
    3
    Thanks. There is just ovet $100,000 in trust. It is from the sale if our family home whichbwas in both names
     
  4. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,062
    Likes Received:
    126
    So neither of you can access that money without consent orders, or by agreement. Why not write to his solicitor and suggest that you both agree for the amount to be split at 70/30 with you getting the 70%. No doubt neither of you want the money to sit in trust forever?

    Look, you should be entitled to some of his super too assuming he has earned more than you so if you write to say that if the money is divided 70/30 then you'll leave it at that and not go for his super. This gives you a small win and lets you move on with some cash now. This also avoids court, the fact is the ball park figure of $70 000 is likely to look more like $40 000 if he fights you through court and you have to pay solicitors.

    As for child support, sorry cant help much - but I'd still lodge an appeal and ask them to order him to pay according to an estimate on the grounds that he hasn't done his tax returns for 5 years.
     
  5. NDM0808

    NDM0808 Well-Known Member

    Joined:
    12 July 2016
    Messages:
    21
    Likes Received:
    3
    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.
     
  6. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,062
    Likes Received:
    126
    Wow so he is willing to forgo $50 000 just to get at you... Nasty.

    Ok, as far as child support goes - Yep, it is, take a seat and wait. But everything is back dated to the time you made the application. (I think) Wait 3 months then ask to speak to a supervisor to up the ante on them...

    If you don't like the decision go to the administrative appeals tribunal... Again, long wait but if you get a result, that is a small win and none of it will cost you a cent.
     
  7. NDM0808

    NDM0808 Well-Known Member

    Joined:
    12 July 2016
    Messages:
    21
    Likes Received:
    3
    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.
     

Share This Page

Loading...