QLD I want to claim child support, can my ex husband sue me?

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KMac83

Well-Known Member
25 June 2020
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Can my ex-husband sue me?
Background: We separated in 2017 and divorced in 2018. From 2017 - 2020 I spent hours and hours each week negotiating our parenting agreement and asset division via court orders. Whilst it wasn't formally documented (as a financial statement wasn't prepared), I had agreed not to claim child support as he provisioned 10k worth of equity in our home which enabled me to buy him out. He also specifically made me send an email advising I am taking payment of the 10k equity as child support and that I would never claim against him. I cant recall the exact wording though. He demanded this email before he would signoff on the court orders application so I reluctantly sent this under duress to end the 3 years he refused to participate in negotiations to get a quick resolution. I essentially agreed to a 50/50 equity split even though many people advised I should have settled with a higher percentage. Ex husband refused to participate in discussions unless it was 50/50. At this time, we had 50/50 custody.
In the last couple of years, the parenting agreement has changed (although not via the court) whereby my children have chosen where they want to spend their time. My son has since turned 18, so disregarding him, however my daughter has lived with me 100% for over a year. She has had medical diagnosees that her father doesn't understand or support. Her challenges have seen multiple charges from police (even a court appearance) and several changes in schools, multiple psychiatrist and psychologist appointments and medication expenses that my ex husband has not helped with. She damages property regularly and causes me endless stress which I need additional care to manage (e.g. accupuncture). I get no support or respite from this, so I have indicated I want to claim child support as a result of significant change in circumstances. He is not happy with this, hence the threat of a law suit.
Does he have a case?
 

Tim W

Lawyer
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28 April 2014
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Sydney
Can my ex-husband sue me?
Background: We separated in 2017 and divorced in 2018. From 2017 - 2020 I spent hours and hours each week negotiating our parenting agreement and asset division via court orders. Whilst it wasn't formally documented (as a financial statement wasn't prepared), I had agreed not to claim child support as he provisioned 10k worth of equity in our home which enabled me to buy him out. He also specifically made me send an email advising I am taking payment of the 10k equity as child support and that I would never claim against him. I cant recall the exact wording though. He demanded this email before he would signoff on the court orders application so I reluctantly sent this under duress to end the 3 years he refused to participate in negotiations to get a quick resolution. I essentially agreed to a 50/50 equity split even though many people advised I should have settled with a higher percentage. Ex husband refused to participate in discussions unless it was 50/50. At this time, we had 50/50 custody.
In the last couple of years, the parenting agreement has changed (although not via the court) whereby my children have chosen where they want to spend their time. My son has since turned 18, so disregarding him, however my daughter has lived with me 100% for over a year. She has had medical diagnosees that her father doesn't understand or support. Her challenges have seen multiple charges from police (even a court appearance) and several changes in schools, multiple psychiatrist and psychologist appointments and medication expenses that my ex husband has not helped with. She damages property regularly and causes me endless stress which I need additional care to manage (e.g. accupuncture). I get no support or respite from this, so I have indicated I want to claim child support as a result of significant change in circumstances. He is not happy with this, hence the threat of a law suit.
Does he have a case?
If the daughter is under 18, then yes, make the claim.
 

KMac83

Well-Known Member
25 June 2020
25
0
121
Hi Sorry, a thought, being that I now know that coercive control was a major aspect in my marraige, is there any grounds for me to get the asset split from 2020 reassessed? I doubt I will.. just good to know if things escalate.
 

Rod

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27 May 2014
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Unlikely. You would need evidence of failure to disclose assets/finances or some other significant reason.

Changing your mind because you are no longer under coercive control is unlikely to be a sufficient reason, especially if you had legal advice at that time.
 

sammy01

Well-Known Member
27 September 2015
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You had legal advice - So as far as the asset split goes you've got nothing.
Child support? yup call CSA, nope ex can't sue. Unfortunately, payments will be made from time of application, so no back pay.