NSW Is there a correct term

[Rochelle G]

I heard that you were able to state the other party was negligent to the asset pool due to their excessive gambling. How do you propose this in a letter disputing offer on these grounds. Ie other party spending $200-500 week at pubs club have bank statements to prove.

 

[Atticus]

If the joint assert pool is being depleted by gambling the term is wastage.. Unless you are fairly well acquainted with the legislation & procedures, you will need legal assistance to set out your case in an affidavit

 

[Rochelle G]

I wanted to have the right terms so I could clearly set out what I was meaning when I sat with someone to commence my paperwork and wasn’t sure whether to take all that information. Thank you so much

 

[sammy01]

Add backs.... Is a term I'm familiar with that is probably appropriate in your context.

 

[Atticus]

Yep... To be clear, the term for what has occurred is wastage.... An Add back is what you would be seeking as recompense for the wastage that has contributed to the loss from the joint asset pool...

In this case an add back if granted would be like the court saying that $XXXXX should be considered as an amount already received by your ex in the distribution of assets