Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now


24 July 2014
My ex wife and I separated Jan 2011 (separation certificate) when I moved out of our family home. She has had full custody of our four children and lives there to present (custody of children). We want to have a property settlement where she will be refinancing and paying me out so she and the children can stay there. We have agreed on a value of the house but since I moved out three years ago I have not been contributing to mortgage, council rates or maintenance on the property. I have only being paying above CSA (Child Support Agency) contributions for our children and have full access with our children.

I have been told a 60/40 dollar figure in her favour which I accept, she says 70/30 plus further reduction because she has full custody of children (live with her 90%) and I haven't contributed to mortgage, rates or maintenance of house (difficult when she has never allowed me to enter the house in the last two years). What is the answer to this situation, do I have to deduct 50% of these non contributions or a lessor % because I haven't been living there or none at all?

Final issue is, she sends our children to a school that requires school fees that I never wanted to have them attend because of the huge fees, (yes I did reluctantly sign school papers for them to attend because of her insistence) but seeing as she has had full custody and decision making for them, to save on school fees she could have changed them to a public school also which is very close walking distance from home and very I liable to pay for half the school fees till they finish at this school?

In our settlement can I opt out of contributing to paying school fees as it isn't my choice they attend this school, does my requirement for these fees cease from the date of our separation in 2011?

Victoria S

Well-Known Member
9 April 2014