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NSW Property Settlement and De Facto - What to Do?

Discussion in 'Family Law Forum' started by Jazzybird, 11 May 2016.

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  1. Jazzybird

    Jazzybird Member

    11 May 2016
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    Hi. I have applied for a property settlement against my ex de facto, and it's out of time so it's the application for leave process.

    For 7 years, I have been the sole carer for my two kids and we have struggled to the point of having to move almost 1000km away from our home to help financially. A major upset for the kids on top of the family split a few years earlier.

    So during that time I have repeatedly asked my ex to pay a "fair and reasonable" amount of child support, but whenever I try and discuss it I am usually met with replies such as shut the F up or you will get nothing.

    He gets away with it knowing that he has lived in a country that isn't a reciprocal jurisdiction, and knowing that even working full time, I cannot possibly earn enough to support the kids and I through the length of a legal challenge in family court.

    Since being served about 10 days ago his entire attitude has done and about face and he is now making offers to help in the ways that I have been pleading with him for, but more so on the last 1.5 years since moving.

    I have two questions -

    1. Would a magistrate identify this willingness to help suddenly as my ex knowing he has done the wrong thing in a huge way and

    2. Would accepting his financial help just prior to going to court for the first visit strengthen my case that he knows he has done the wrong thing, or would it damage it - as in would the financial split be lower if I accept help at this point?

    3. I have withdrawn a portion of my super on the severe financial hardship ground so that I can get my kids out of the relatives' home we've been living in for 2.5 years and into our own, but I have to repay my mum a few thousand dollars that she has spent supporting me and my kids first. How would a magistrate view this?

    Many thanks in advance for any help offered. I realise it's not binding legal advice, but am looking for first-hand experience or a thorough understanding of the legal approach to these questions.
  2. Victoria S

    Victoria S Well-Known Member

    9 April 2014
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    Magistrates are pretty cluey. They see this sort of thing all the time, and you can put it your evidence the coincidence of financial assistance suddenly being forthcoming upon service of court documents. They will see through his attempts to pretend he is being helpful. I don't think accepting money would prejudice you at this stage.

    As long as it was brought to the magistrate's attention that it only commenced once court documents were served and I trust that you are claiming retrospective child support etc in addition to anything going forward. Perhaps it might be a good time to negotiate some consent orders if he is being amicable.

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