WA Property Settlement - Ex Fails to Pay Financial Orders on Time

[Becboo]

Hi All,

My ex is due to give me a large some of money to finalise our property settlement matters by COB which we have in orders. He has advised that he doesn't have the money and can't get a loan. He has set up his very profitable business now in his new partners name and is now her employee. This is why he can't get a loan (one would say he's restructured his affairs to avoid payment).

What would be the form I use to seek enforcement from the family court? Also can I reopen the case if she has illegally helped him to hide assets? It's not a huge amount but it's enough to me that I believe it's worth fighting for. I am still at home with our baby. Do I send it with an affidavit?

Thanks for your help.

 

[AllForHer]

This would be a contravention application.

Suggesting he "illegally" hid assets is a pretty significant allegation. What has he done illegally? What proof do you have?

Reopening proceedings on allegations that you can't prove opens you up for a costs order against you, so keep that in mind if you're just on a fishing expedition.

 

[Rod]

Stick with the contravention application and see what response you get in reply. Your lawyer may need to consider a freezing order so any remaining assets are not dissipated. Maybe even freeze his partner's assets if he has moved assets into her name. Discuss with your lawyer.