Speration assets fairly

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Joesie

Member
23 February 2020
2
0
1
Hello
Together for 8 years
Married for 2.5
Have a 3year child together
Both had a house when we met but he had a bit more equity.
I sold my house and used profits to buy investment house and he used equity.
We have our primary residence. His name on title but both on mortgage
And investment property.
I have moved into the investment.

How to fairly distribute this?
He has now threatened to move out of primary residence and said i need to manage (acerage and animals so lots of upkeep)
He doesnt want to see child, but i would like shared care.
I would like 50%
Not touching super or the shares we have.

Also our childcare will be approx 3k per month(as we have run out of CCS)and i would like to share tgis 50 50.
Is this reasonable?
Also he is a narcissist so things will get ugly
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
I've noticed people's exes seem to come down with mental health conditions after separation.... You're not a psychologist (are you?) So do don't diagnose.

He doesn't want to see the kid? you can't make him. He can threaten to move out of the primary residence and he can say that you need to manage the animals etc. He can say what he wants and he can tell you what to do... But you don't have to do it.

Best thing to do?
Plan A - Sit down agree and move on. Sell stuff and split proceeds. Now without all the details it is impossible to give accuarate advice. BUT with what you've provided about 60/40 is a ball park. BUT without numbers like amounts in superannuation / shares / how much more equity he had it is hard to be more accuarate. 60/40 is based on you being primary carer and that impacting on your earning capacity.... So agreeing to 50/50 might be a good idea because (again without knowing the size of the asset pool) you could spend 10s of thousands of $$$ on legal advice and walk away with about the same or less because of legal fees and all the stress that comes with it.

Plan B - my mate did this and him and his ex are still friends. Walk into a solicitors office together - put all the information on the table and ask solicitor how this would play out in court and see if you can come to an agreement without a huge legal battle.

Plan C have a huge legal battle.

BUT NOPE it is not reasonable for you to expect dad to pay child care. I think you'll find once you tell centrelink that you're a single parent with 100% care you'll get family tax benefit, more child care benefit and you'll also be getting child support.

Story time - just to get you thinking... I'm a narciissit too - Just ask my ex. She'll tell ya. She had a similar thought process on child care, swimming lessons, clothes, medical bills etc etc.... All of those expenses should be split 50/50. After all that is fair right? and how dare I refuse to pay after all they're my children right? Only fair to pay half of the expenses... With me so far?

But she refused 50/50 care. She refused care above alternate weekends and some holiday time, she refused for there to be any binding agreement about when I see the kids because she didn't want to feel locked in. AND the fact that I just wanted to know when I was seeing the kids meant that I was trying to 'control her' and 'proves' that I'm a 'narcissist'. What if there was something she wanted to do with the kids one weekend but the kids were scheduled to be with me. So we needed to be 'flexible'. "Flexible" really meant she controlled my access.

Now - in your case dad doesn't wanna see the kid (poor form in my opinion - but this is a law forum, so let's stay on task). The fact that you're gonna be primary carer of a young child is reason for you to get a bigger piece of the asset pie. You'll also be getting child support from dad. You have no reason what so ever to expect him to pay anything beyond the child support as assessed by the child support agency. You have no reason what so ever to expect him to pay anything beyond the child support as assessed by the child support agency. Yup wrote it twice, just to make sure....

IF you wanna write down some ball park figures on assets / income / super / laibilities - then you'll get more precise advice on size of asset split.
cheers
 

Joesie

Member
23 February 2020
2
0
1
Some more comments
He was dagnosed approx year ago by a psycologist when we went to therapy.
Asset pool approx 500k
He had approx 50k more equity than me
Prob 40k more super than me.
Shares...im not sure what he has. Maybe 10k
I dont think i will get anything from government as we both earn 150k each and just sold another asset making approx 150k profit.
Due to earning similar amount i doubt i would get much from child support.


I've noticed people's exes seem to come down with mental health conditions after separation.... You're not a psychologist (are you?) So do don't diagnose.

He doesn't want to see the kid? you can't make him. He can threaten to move out of the primary residence and he can say that you need to manage the animals etc. He can say what he wants and he can tell you what to do... But you don't have to do it.

Best thing to do?
Plan A - Sit down agree and move on. Sell stuff and split proceeds. Now without all the details it is impossible to give accuarate advice. BUT with what you've provided about 60/40 is a ball park. BUT without numbers like amounts in superannuation / shares / how much more equity he had it is hard to be more accuarate. 60/40 is based on you being primary carer and that impacting on your earning capacity.... So agreeing to 50/50 might be a good idea because (again without knowing the size of the asset pool) you could spend 10s of thousands of $$$ on legal advice and walk away with about the same or less because of legal fees and all the stress that comes with it.

Plan B - my mate did this and him and his ex are still friends. Walk into a solicitors office together - put all the information on the table and ask solicitor how this would play out in court and see if you can come to an agreement without a huge legal battle.

Plan C have a huge legal battle.

BUT NOPE it is not reasonable for you to expect dad to pay child care. I think you'll find once you tell centrelink that you're a single parent with 100% care you'll get family tax benefit, more child care benefit and you'll also be getting child support.

Story time - just to get you thinking... I'm a narciissit too - Just ask my ex. She'll tell ya. She had a similar thought process on child care, swimming lessons, clothes, medical bills etc etc.... All of those expenses should be split 50/50. After all that is fair right? and how dare I refuse to pay after all they're my children right? Only fair to pay half of the expenses... With me so far?

But she refused 50/50 care. She refused care above alternate weekends and some holiday time, she refused for there to be any binding agreement about when I see the kids because she didn't want to feel locked in. AND the fact that I just wanted to know when I was seeing the kids meant that I was trying to 'control her' and 'proves' that I'm a 'narcissist'. What if there was something she wanted to do with the kids one weekend but the kids were scheduled to be with me. So we needed to be 'flexible'. "Flexible" really meant she controlled my access.

Now - in your case dad doesn't wanna see the kid (poor form in my opinion - but this is a law forum, so let's stay on task). The fact that you're gonna be primary carer of a young child is reason for you to get a bigger piece of the asset pie. You'll also be getting child support from dad. You have no reason what so ever to expect him to pay anything beyond the child support as assessed by the child support agency. You have no reason what so ever to expect him to pay anything beyond the child support as assessed by the child support agency. Yup wrote it twice, just to make sure....

IF you wanna write down some ball park figures on assets / income / super / laibilities - then you'll get more precise advice on size of asset split.
cheers
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
ok so a 50/50 split seems pretty reasonable. He would be mad to fight that. I reckon you ask him to go see a solicitor and have a chat...

Don't listen to anything he tells you. He has a vested interest in lying to you.
I reckon you'll get family tax benefit and you definately will get child support and it will be substantial especially if you have 100% care of the child.
Use this site to work out how much child support / family tax benefit and child care benefit you'll get.
Payment and Service Finder - Department of Human Services
cheers
 

GlassHalfFull

Well-Known Member
28 August 2018
544
51
2,289
Sammy, if you specifically make a request for the child support calculation to include large single expenses like ongoing day care costs, my understanding is that they will look at the circumstances and if it meets certain requirements such the cost being significant enough - over $3000 a year I believe the bar is, they will generally split the costs 50/50 (if the father is capable of paying it obviously). My new partner went through a similar thing and her ex partner had to pay half the child care costs.