QLD Threats of application to vary Court Orders during execution of Approved Consent Order

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AdjournedAgain

Active Member
25 June 2020
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I need some help understanding what to do in the following situation.. Apologies for being long winded..
Separated on 31st January 2017.
Divorced on 6th January 2018.
Court Orders Approved 3rd August 2020 (Inclusive of parenting and financial)

In the midst of executing the house settlement, although he has signed the discharge form for the bank, ex has decided not to sign the conveyancing papers for the mortgage release, unless I close the Child Support Account down (sitting as a private arrangement - noting I have not claimed child support off him for 2+ years) and provide documentation that I will never claim child support off him again.. assuming he wants a Binding Child Support agreement (which I don't want to pay for).

In order to 'encourage' me to complete his requirements (NB: NOT conditions of settlement execution within Court Orders) I now understand that he intends on claiming that I have falsified documents in an attempt to halt the execution of the court orders so he can apply to vary them.
I believe he will be arguing that I have omitted information from the court orders. We had agreed to document everything as it stood when we were married/newly separated. As you can imagine, over the course of a 3 year negotiation, this could have changed several times, leading to an even more drawn out process as every time something needed to change, he would request a further change to help obtain compensation to his advantage. There was an instance (17th February 2020) where he decided to update section “Property” in the ‘Application for Consent Orders – Kit’ document; to include newly acquired motor vehicle (including debt) and business interests (as he had taken out director guarantor loans) in attempts to alter the total value of property owned by him. I believe he was doing this to make a 50/50 split of the assets look more unfair from his perspective to minimize any chance that the court award anything more than 50% in my favor. Another reason that he refused to have my commentary stated in the “Proposed Division of Property” section. See below.

I asked this to be removed as it was not applicable to our financial landscape at the time of separation.
Because of that, he is threatening that I have falsified the documents and he will pursue until I lose my job in the financial services industry of 18+ years.

I find it ludicrous that Ex had requested my commentary be removed from the “Proposed Division of Property” section, Q69 > 72 in order for him to agree to sign the application form. Especially as this information is relied upon by the judge to ensure a fair and equitable decision is made. Surely this would be considered falsifying documents if there was a claim at all. I have evidence that he refused these inclusions (email/social media/text).

Understanding that for the sake of resolution, we both signed the Statement of Truth in order to lodge.

I understand within his application for Consent Order variation, he will be seeking:
- either i) a change in house asset split from 60%/40% to 50/50% with possibility of him asking for a new house valuation and/or ii) making the agreement dependent on a binding child support arrangement
- change from 50/50% to 100% care arrangement of my 15 yr old son (we also have an 11 yr old daughter who we also share 50/50% care arrangement of)
(I have not seen anything in writing in relation to what he actually intends to vary)

I need to understand..
1. Have I done something wrong by maintaining documentation as at time of separation as initially agreed? I understood this was acceptable.
2. Can he apply to vary the court orders without my consent/participation? Parenting and financial? What should I be doing here? Or can I let it go through to the end of January at which point he will be in Contempt of Court? He is claiming I am required to provide him dates I am available for mediation, even though I have supplied the 60I which was issued due to the nature of his participation in negotiation over the course of the 3 years.
3. Since having the application for mortgage approved, and awaiting settlement, I have commenced house renovations. Can he request to have the house revalued? I don’t want to have to stop renovations until 30th January.. unless I absolutely have to as I am hoping to host Christmas at my house this year.

In relation to him being in Contempt of Court.
Current:
1. He is threatening a change of school/enrollment without my involvement, which is in direct contradiction of Consent Order 1.2 item 3. I have evidence that he refused these inclusions (text). (Not that I have a problem with it.. happy to support my son, however Ex is advising that for me to participate in said decision, that I close the Child Support Account down and provide documentation that I will never claim child support off him again. Is this not blackmail/bribery?)
2. There have been instances where he has not returned our Son as specified in Consent Order 3.1, whereby he has kept custody of our Son in excess of an extra week at a time. E.g. 7th July 2020 and 28th September 2020.
Impending:
3. He is actively refusing to sign the QLD Titles Registry Transfer Form. He has 180 days from the 3rd August 2020 to complete this (i.e. 30th January 2021). He is also advising that in order for him to do this, he requires me to close the Child Support Account down and provide documentation that I will never claim child support off him, similarly to item 1.

Should I be considering Contempt of Court charges for the current 2 breaches? Or await until the 3rd is also applicable? Or let it all slide?
I really just want this to all be over without hassle but feel as though I need to do something to deter/stop him from playing these ridiculous games.
 

Atticus

Well-Known Member
6 February 2019
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need to understand..
1. Have I done something wrong by maintaining documentation as at time of separation as initially agreed? I understood this was acceptable.
2. Can he apply to vary the court orders without my consent/participation? Parenting and financial? What should I be doing here? Or can I let it go through to the end of January at which point he will be in Contempt of Court? He is claiming I am required to provide him dates I am available for mediation, even though I have supplied the 60I which was issued due to the nature of his participation in negotiation over the course of the 3 years.
3. Since having the application for mortgage approved, and awaiting settlement, I have commenced house renovations. Can he request to have the house revalued? I don’t want to have to stop renovations until 30th January.. unless I absolutely have to as I am hoping to host Christmas at my house this year.
1) As a consent order application, if it was agreed (good if you have some evidence of that if needed) then all good... If it was a contested hearing, the court would likley require disclosure of circumstances as close as possible to settlement. But it wasn't contested... A consent order was granted

2) He is within his rights to apply... assuming to have orders set aside. In that case, he would need some very solid evidence that there was a degree of fraud, duress, suppression of significant evidence or the like involved on your part... From what you have said here, I can't see any of that applying.

3) So if the valuation was years ago, & as already mentioned, a contested hearing is set, then a recent valuation is not unreasonable... But again, you have final orders, & an application to set aside/vary is unlikely to proceed. Wouldn't let it spoil my Xmas

he requires me to close the Child Support Account down and provide documentation that I will never claim child support off him,
So you have a child support assessment with CSA or have just been collecting privately? .... End of the day, any document you give him would be worthless anyway in the eyes of the CSA by reason of coercion. Won't stop them from pursuing CS. Out of your hands
Should I be considering Contempt of Court charges for the current 2 breaches? Or await until the 3rd is also applicable? Or let it all slide?
If he hasn't come to the party (signing conveyancing documents) by the allotted time, tell him you are going to file for an enforcemnt order & seek your legal costs for doing so ... You can also claim the designated interst rate percentage that applies to moneys that are owing as a result of a party not following orders
 

sammy01

Well-Known Member
27 September 2015
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ok so learn to ignore the bs and work out the stuff that matters.
Respectfully, your post needed to be about 2 sentences... Something like
"ex has decided not to sign the conveyancing papers for the mortgage release"What should I do?
Easy apply to court for an enforcement order.

As for the rest of it not legal advice just life experience advice. Ignore the BS. Learn some strategies and repeat them... So I went from being a bumbling mess full of anxiety because of the bs the ex liked to pull. I got my head around the fact that I can't control her BS but I can control how I deal with it.... So for example last week I had to pick the kids up at Macca's as per the orders. She was 3 hours late. Pretty routine territory for me. It really really doesn't bother me anymore. I take a book, my laptop, some paperwork and my swimmers. So I can fill in what ever time she leaves me by going to the pool near by, or doing stuff that matters to me. I live a very busy life so three hours of window shopping or reading is a joy.... Emotionally, her stupidity doesn't impact on... Zen Budda sorta stuff.... But you've gotta work on it... Mate I reckon you mentioned the whole thing about avoiding child support 3 times in your post. Forget it. Move on and go do some yoga
 
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AdjournedAgain

Active Member
25 June 2020
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1) As a consent order application, if it was agreed (good if you have some evidence of that if needed) then all good... If it was a contested hearing, the court would likley require disclosure of circumstances as close as possible to settlement. But it wasn't contested... A consent order was granted

2) He is within his rights to apply... assuming to have orders set aside. In that case, he would need some very solid evidence that there was a degree of fraud, duress, suppression of significant evidence or the like involved on your part... From what you have said here, I can't see any of that applying.

3) So if the valuation was years ago, & as already mentioned, a contested hearing is set, then a recent valuation is not unreasonable... But again, you have final orders, & an application to set aside/vary is unlikely to proceed. Wouldn't let it spoil my Xmas


So you have a child support assessment with CSA or have just been collecting privately? .... End of the day, any document you give him would be worthless anyway in the eyes of the CSA by reason of coercion. Won't stop them from pursuing CS. Out of your hands

If he hasn't come to the party (signing conveyancing documents) by the allotted time, tell him you are going to file for an enforcemnt order & seek your legal costs for doing so ... You can also claim the designated interst rate percentage that applies to moneys that are owing as a result of a party not following orders
1) Excellent. Not contested. Phew.
2) Thank you. I get that he can apply.. just wondering if I need to participate in any way or whether I will be condemned for not mediating on this part. I am happy with the Court Orders as they stand.
3) Yes it was years ago.. I don't understand on what grounds he would get a re-valuation granted, it is nice to hear that it is unlikely to proceed.. that kind of comfort when so much BS to sort through is appreciated.

CA account is open but set to private. So his income is still being reported. That's the part he doesn't like.

Will continue to look into that then.

Thank you Atticus.. muchly appreciated :)
 

AdjournedAgain

Active Member
25 June 2020
7
0
31
ok so learn to ignore the bs and work out the stuff that matters.
Respectfully, your post needed to be about 2 sentences... Something like
"ex has decided not to sign the conveyancing papers for the mortgage release"What should I do?
Easy apply to court for an enforcement order.

As for the rest of it not legal advice just life experience advice. Ignore the BS. Learn some strategies and repeat them... So I went from being a bumbling mess full of anxiety because of the bs the ex liked to pull. I got my head around the fact that I can't control her BS but I can control how I deal with it.... So for example last week I had to pick the kids up at Macca's as per the orders. She was 3 hours late. Pretty routine territory for me. It really really doesn't bother me anymore. I take a book, my laptop, some paperwork and my swimmers. So I can fill in what ever time she leaves me by going to the pool near by, or doing stuff that matters to me. I live a very busy life so three hours of window shopping or reading is a joy.... Emotionally, her stupidity doesn't impact on... Zen Budda sorta stuff.... But you've gotta work on it... Mate I reckon you mentioned the whole thing about avoiding child support 3 times in your post. Forget it. Move on and go do some yoga
Thanks Sammy.. I will definitely work on that.
Mentioning child support on 3 occasions is just because he is using three different paths to try and close that down.. over the course of the years he has tried to hide his income because he doesn't want me claiming it. Even though I only took child support from him, at his suggestion, when it was not equal custody. It is something that definitely does not bother me; It bothers him and he is using it as his blackmail strategies.
I am trying my hardest to ignore that component as part of the BS. Its good to get that validated from someone that is not emotionally affected by all of this right now! :)
 
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Atticus

Well-Known Member
6 February 2019
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I get that he can apply.. just wondering if I need to participate in any way or whether I will be condemned for not mediating on this part. I am happy with the Court Orders as they stand.
No... You have final orders. As they are less than 12 months old there is no need for mediation before an application. Balls in his court. Seems like very flimsy grounds for an application to set aside/vary.

Did you have lawyers sign off on the consent application ( Lawyers declaration of legal advice) ? If so, that will make it even more difficult to have an application to vary accepted
CA account is open but set to private. So his income is still being reported. That's the part he doesn't like.
Perhaps he is expecting his income to rise significantly. Who knows... Having written proof of him holding up his legal obligations as per property settlement in exchange for a Binding Child Support Agreement is just proof of coercion, which is solid grounds to have the BCA set aside anyway ..... I expect he may be just trying it on
 
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AdjournedAgain

Active Member
25 June 2020
7
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31
No... You have final orders. As they are less than 12 months old there is no need for mediation before an application. Balls in his court. Seems like very flimsy grounds for an application to set aside/vary.

Did you have lawyers sign off on the consent application ( Lawyers declaration of legal advice) ? If so, that will make it even more difficult to have an application to vary accepted

Perhaps he is expecting his income to rise significantly. Who knows... Having written proof of him holding up his legal obligations as per property settlement in exchange for a Binding Child Support Agreement is just proof of coercion, which is solid grounds to have the BCA set aside anyway ..... I expect he may be just trying it on
Ah - got ya.
No, no lawyers declaration.
Perhaps I will wait and see what happens then. I agree it's all flimsy, however doesn't make it any less stressful. :(
Is he required to provide a copy of his variation to me before time of submission.. or at very least.. at time of submission?
Thanks again!