I already have an order for costs he hasn’t paid. Do you honestly think he’s going to pay because of another order?
Security for costs
- Thread starter Rambo12104
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I can totally understand deciding that you are done, the only thing I’d suggest is that you push CSA to out a departure prohibition order on him so he can’t leave the country.
Sounds like the sort of guy who like having holidays etc.
Apparently it is astonishing the amount of money recovered when deadbeats all of a sudden have their lifestyle constrained.
Sounds like the sort of guy who like having holidays etc.
Apparently it is astonishing the amount of money recovered when deadbeats all of a sudden have their lifestyle constrained.
He had a DPO against him. That’s why after 11 years of ignoring my daughter he took me to court. It was all about the DPO. The judge said his whole cause was an outrageous waste of court time.
I would avoid suggesting anyone get a DPO. It cost me over $120,000, three years of my life and most importantly my daughter has a huge amount of trauma from the process, despite us trying to shield her as much as we could. Even if you don’t want to see a biological parent, and don’t have a relationship with them, having to tell a court appointed mediator, a family report writer, a paediatrician, a psychologist and an independent children’s lawyer over and over that you don’t want to see that parent, over the course of multiple years is terribly traumatic.
The ‘rights’ of the parent(s) in Family Court definitely appear the trump the rights of the child/ren they claim to protect.
It’s still in place. He’ll die rather than pay I debt. Also with Covid the last couple of years I imagine it had made zero difference.
A person can ignore an order, but an enforcement warrant to seize & sell real estate or other property to satisfy a debt is an entirely different thing to just an order. Understand you may want to draw a line & have had enough though.
However If you want to read up on some options & what constitutes an enforceable debt here's a couple of links...
https://www.legislation.gov.au/Details/F2021L01197/Html/Text#_Toc80699191
Enforcement Warrant – Seizure & Sale of Property | Federal Circuit and Family Court of Australia
Like I said before, I cannot afford to go to court again. Financially I am tapped out. My lawyers said it’s possible you may get something but more than likely won’t. I’m $120k in debt. I simply do not have the funds to pursue this. Zero dollars left, just a huge debt.
I can only go on your assertion that " you have a court order directing him to pay you $120K" If that is the case, perhaps ask your lawyer about the enforcement warrant option... There would not be much of a filing fee involved (or DIY) .... The cost of enforcement is included in what you recover... Once served with the warrant, he can no longer sell, transfer or otherwise deal with any property without a Court order.
The warrant can include not only the amount payable as per your current court order (plus interest as per the act) but also any child support liability arising out of a registered assessment.
You don’t have to assume anything, I’m not sure how I’ve been unclear:
- The Family Court awarded all my costs give the trial $120,000. There is an order that he had to pay in 90 days. He didn’t.
- I didn’t ask for costs for the appeal as I had run out of money and I couldn’t face more Court stuff.
- I cannot see represent as I have PTSD and work all the time as I am deeply in debt
- I cannot afford my lawyers to do anything else. I don’t know how much clearer I can be. My funds are not just zero, I am $120,000 in debt
- my lawyers estimated the cost to recover money could be $16k to $30k, and it may simply be impossible because he’s wrapped everything up in family trusts and businesses
- I do not have any money. I do not have anything left emotionally to pursue this. I am completely traumatised by the whole experience
- whilst you say there wouldn’t be much cost in an enforcement action notice, it’d actually be about $5k and then we start the court merry go round again
- I will always be prepared to go into debt to protect my daughter. I cannot justify using money I don’t have to chase after money I won’t get. My own lawyers said it would likely be throwing good money after bad, and let me tell you they enjoyed charging me for everything so I’ll trust them on this one
- there will never be a point I can do this myself. I was traumatised by this system for three years. I would never go back into it unless I was forced. Luckily I also have an order that he can’t take any more Court action against me
I haven't 'assumed' anything, I said I can only go on your assertion, ie, what you have written..
You wouldn't be the first person to be burnt out by family law proceedings.... That said, if you have an actual enforceable order there are options that *maybe* you have not been made aware of. Maybe you have, i wouldn't know.... I took the time to give you some links & info.
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