QLD No longer executing court orders

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KMac83

Well-Known Member
25 June 2020
25
0
121
I need some help understanding what to do in the following situation;
Separated on 31st January 2017.
Divorced on 6th January 2018.
Court Orders Approved 3rd August 2020 (Inclusive of parenting and financial)

In the midst of executing the house settlement, although he has signed the discharge form for the bank, ex has decided not to sign the conveyancing papers for the mortgage release, unless I close the Child Support Account down (sitting as a private arrangement - noting I have not claimed child support off him for 2+ years) and provide documentation that I will never claim child support off him again.. assuming he wants a Binding Child Support agreement (which I don't want to pay for).

In order to 'encourage' me to complete his requirements (NB: NOT conditions of settlement execution within Court Orders) I now understand that he intends on claiming that I have falsified documents in an attempt to halt the execution of the court orders so he can apply to vary them.
I believe he will be arguing that I have omitted information from the court orders. We had agreed to document everything as it stood when we were married/newly separated. As you can imagine, over the course of a 3 year negotiation, this could have changed several times, leading to an even more drawn out process as every time something needed to change, he would request a further change to help obtain compensation to his advantage. There was an instance (17th February 2020) where he decided to update section “Property” in the ‘Application for Consent Orders – Kit’ document; to include newly acquired motor vehicle (including debt) and business interests (as he had taken out director guarantor loans) in attempts to alter the total value of property owned by him. I believe he was doing this to make a 50/50 split of the assets look more unfair from his perspective to minimize any chance that the court award anything more than 50% in my favor. Another reason that he refused to have my commentary stated in the “Proposed Division of Property” section. See below.
I asked this to be removed as it was not applicable to our financial landscape at the time of separation.
Because of that, he is threatening that I have falsified the documents and he will pursue until I lose my job in the financial services industry of 18+ years.

I find it ludicrous that Ex had requested my commentary be removed from the “Proposed Division of Property” section, Q69 > 72 in order for him to agree to sign the application form. Especially as this information is relied upon by the judge to ensure a fair and equitable decision is made. Surely this would be considered falsifying documents if there was a claim at all. I have evidence that he refused these inclusions (email/social media/text).
Understanding that for the sake of resolution, we both signed the Statement of Truth in order to lodge.

I understand within his application for Consent Order variation, he will be seeking:
- either i) a change in house asset split from 60%/40% to 50/50% with possibility of him asking for a new house valuation and/or ii) making the agreement dependent on a binding child support arrangement
- change from 50/50% to 100% care arrangement of my 15yr old son (we also have an 11yr old daughter who we also share 50/50% care arrangement of)
(I have not seen anything in writing in relation to what he actually intends to vary)

I need to understand..
1. Have I done something wrong by maintaining documentation as at time of separation as initially agreed? I understood this was acceptable.
2. Can he apply to vary the court orders without my consent/participation? Parenting and financial? What should I be doing here? Or can I let it go through to the end of January at which point he will be in Contempt of Court? He is claiming I am required to provide him dates I am available for mediation, even though I have supplied the 60I which was issued due to the nature of his participation in negotiation over the course of the 3 years.
3. Since having the application for mortgage approved, and awaiting settlement, I have commenced house renovations. Can he request to have the house revalued? I don’t want to have to stop renovations until 30th January.. unless I absolutely have to as I am hoping to host Christmas at my house this year.

In relation to him being in Contempt of Court.
Current:
1. He is threatening a change of school/enrollment without my involvement, which is in direct contradiction of Consent Order 1.2 item 3. I have evidence that he refused these inclusions (text). (Not that I have a problem with it.. happy to support my son, however Ex is advising that for me to participate in said decision, that I close the Child Support Account down and provide documentation that I will never claim child support off him again. Is this not blackmail/bribery?)
2. There have been instances where he has not returned our Son as specified in Consent Order 3.1, whereby he has kept custody of our Son in excess of an extra week at a time. E.g. 7th July 2020 and 28th September 2020.
Impending:
3. He is actively refusing to sign the QLD Titles Registry Transfer Form. He has 180 days from the 3rd August 2020 to complete this (i.e. 30th January 2021). He is also advising that in order for him to do this, he requires me to close the Child Support Account down and provide documentation that I will never claim child support off him, similarly to item 1.

Should I be considering Contempt of Court charges for the current 2 breaches? Or await until the 3rd is also applicable? Or let it all slide?
I really just want this to all be over without hassle but feel as though I need to do something to deter/stop him from playing these ridiculous games.