NSW Parental orders & property

Discussion in 'Family Law Forum' started by Louise too, 21 May 2019.

  1. Louise too

    Louise too Well-Known Member

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    I’m having issues with my lawyer.
    My priority is parental orders over financials due to ex being inconsistent etc with kids.
    I have adv lawyer this however it seems shebis not getting it !!

    I have emailed lawyer yesterday to make application for interim orders ASAP and to be submitted by the end of the week. I emailed proposed orders of every 2 nd weekend from pick up school to drop off and every Thursdays with brief description of why.
    HOWEVER lawyer told me in her reply to go to court for property as well !!! And attached copy of the application??!!!
    Letter of offer, giving her 82% , was emailed to her lawyer giving her 21 days to respond which is this Friday.
    The car she was driving was repossessed due to me paying car repayments and insurance for over 12 months. However she does not want to pay for car out from the sale of the house. my parents bought it back in case ex changed her mind for sake of the kids. She still does not want to pay for car from sale of the house. She wants me to pay for it out of my share ( spousal maintenance !!!) I am so cranky it’s got this far. The car is now in my parents garage and rego runs out in 3 weeks. I do not see the point in spending even more money on going to court for this or even communicating with lawyers about it. I just want to sell the car and get rid of it not spend more money on lawyers fees for court. By the time debts are paid ( incl substainal tax debt she was not paying for our business) there is not much left over.
    I’m thinking she accepts her 82% share I’m offering or she can take me to court at her costs. It’s cost me to date over $30000 for nothing. Most of that was organising financial disclosure., and lawyers asking for more statements , super statements , tax statements etc. being called into useless appointment and still NO parental orders. Which I asked for over 8 months ago.!!!
    Ex still has not provided her disclosure !
    Should I go against lawyers adv and do the following
    can I state to only parental orders only , no going to court property orders ?
    Ex can take me to court if she does not accept 82 % ( only leaves me $8000) I do not want to spend more money on pointless emails Etc costing me $42 just for lawyer to read !!!
    Can I just sell car ? Pay my parents back ? Even though it’s in letter of offer ? She had been given too many chances.
    How long should I give lawyer to complete parental orders and submitted ? By end of this week unreasonable. She already drafted affidavit etc from 5 months ago when I adv I wanted to go to court for parental orders when I was issued Cert s60i.
    Pleas me again !
     
  2. sammy01

    sammy01 Well-Known Member

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    so did the letter that expires on Friday make an offer about the kids?

    You are better getting orders for kids and property at the same time. You could apply just for kids, in her response she will request assets be included and they will be. So be assertive.

    The car is not registered to you correct? so you can't sell it. Frankly, it was a dumb thing to do to pay the debt on the car. Infact, it is now a good idea for you to include assets so that a decision about the car can be made.

    It is no surprise that you've blown $30K on nothing.... Get into court before you blow another 30K and get nowhere.
     
  3. Louise too

    Louise too Well-Known Member

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    No sorry. It was letter of offer regarding settlement. Basically after debts are paid she gets 82%. Just dramas with her accepting tax debt is matrimonial and she wants me to pay for car loan. We gave her 21 days to respond.
    Car is now registered in my name.
    She told me last Thursday at drop off that she does not need the car. She has her dads ???

    I’m meantime I have been assertive with lawyer and ask to have parental orders in by end of this week.
    I ask lawyer in same email if I can sell car. She said no and that was when she advises to go to court for property as well. And attached application. !!
    Should we do this. Shouldn’t we wait for her answer on Friday ? I thought be cheaper if she takes me to court regarding property only if she does not agree. Instead of me taking her to court. ? Or I just sell the bloody car. Saves court ‘
     
  4. sammy01

    sammy01 Well-Known Member

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    Always take soliciotor's advice over punters on a site like this.
    If the car is now registered to you, then legally you can sell it. But it still has a debt? or did your parents pay out the loan?

    Assets need sorting. Especially if there is a mortgage? And debts need sorting.
    Oh I get to use my favorite family law joke - She wants a 50/50 split. She gets the assets half, you get the debt half. HMMM not that funny really... But.... BUT... I think it is in your interest to get the assets sorted. By the sounds of things you're not gonna walk out of here in the black... But if she is made responsible for some of the tax debt that is a win. And the $$$ locked up from the house sale is sitting in some solicitor's account acruing interest that helps the solicitors... Mate you wanna get this all sorted.

    Wait till friday - then make the court application on Monday....
     
  5. Louise too

    Louise too Well-Known Member

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    Thank you s
    Thank you sammy01 :)
    My parents paid the loan out.
    That’s why I’m keen to do to sell it. That way one less debt we argue over and spend money over
    Otherwise I’m left with unregistered car sitting in Mum and dad’s garage.
    I was adv by lawyer the big tax debt is matrimonial and is no brainer ! I was thinking if she does not agree with letter of offer then she can make pay to make application to go to court for assets only. Due to her desperately wanting settlement done so she can walk away with her supposedly thousands !
    I just want kids sorted.
    Ok. I’ll complete financial application and wait for Friday go straight to court.
     
  6. sammy01

    sammy01 Well-Known Member

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    she will just apply for assets to be included and she will succeed. Get the car registered, inform her you're gonna sell it. Offer her first option to buy it for a bit less than market value / the price you're planning on selling if for on the market. She can say yes - good, easy. She can say NO. Oh well ebay...
     
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  7. Louise too

    Louise too Well-Known Member

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    Ok thank you. Again. I’m sending completed financial statement application today.
    I still have not heard from lawyer regarding progress of my parental orders application which I wanted submitted by end of week.
    I’m waiting until Monday regarding car.
    Just to add to stress found out from my accountant and myGov website she is using my tax file number at her current work place. !!!!
     
  8. Atticus

    Atticus Well-Known Member

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    I expect given her track record she is waiting for your financials so she can do both applications together...

    Honestly, I would be insisting that parenting and in particular urgent INTERIM parenting orders are the priority for you, HER CLIENT..

    Inform ATO that your TFN is being used without your consent
     
  9. Louise too

    Louise too Well-Known Member

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    Ok. Thank you. I will email financial statement through today and insist on completing interim orders ASAP !!! I don’t care if they are not submitted together.
     
  10. Louise too

    Louise too Well-Known Member

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    Ok. Just received email asking for $3000 first. Before we proceed with parental orders
     
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