NSW Undisclosed Debt By Ex-husband Who is a Convicted Paedophile?

Discussion in 'Family Law Forum' started by BecL, 22 April 2019.

  1. BecL

    BecL Active Member

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    Hi everyone,

    I am brand new to this forum.

    I have a very complex and distressing situation where I have final property orders. My ex-husband was a sadistic paedophile who has now been jailed for 32 years (this is the reason we divorced). I have six children and get no child support at all. Happy for that as I want nothing to do with him. His brother is now claiming I owe him money and trying to sue me civilly.

    The whole claim is a load of crap but they think it holds weight becomes the ex-husband has now joined in saying the debt does exist and that because he’s in jail I should pay the brother. He never disclosed this in the property settlement. Should I continue to fight this or reopen family proceedings? It’s just vexatious and an abuse of process! And the ex-husband is fraudulent but saying different things in different courts.

    Thank you
     
  2. Tremaine

    Tremaine Well-Known Member

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    Has the brother actually filed any proceedings in court?
     
  3. BecL

    BecL Active Member

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    Yes he has. I was successful in transferring it to NCAT as they are claiming they renovated my house and they are not builders or tradesmen of any kind. NCAT said it’s out of time and have now transferred back to the local court. It’s a nightmare.
     
  4. BecL

    BecL Active Member

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  5. Atticus

    Atticus Well-Known Member

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    I would be telling the district court magistrate that the property in question is the subject of final orders and that the husband had the opportunity to bring forward any such claim during that process if any existed but did not.
     
  6. BecL

    BecL Active Member

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    No one seems to be listening. My ex husband is the convicted paedophile. His name was released to the public
     
  7. Rod

    Rod Lawyer
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    Get a lawyer to defend the claim and seek costs against the other side when you win/have the matter thrown out.

    The fact that a property split has been done should have finalised the issue.

    Record all contact and if necessary seek a DVO against the ex-in-laws.
     
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  8. BecL

    BecL Active Member

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    Wish it was that easy. Seems it’s not
     
  9. Tremaine

    Tremaine Well-Known Member

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    Your ex-husband’s conviction has nothing to do with the civil claim brought against you by your former brother-in-law.

    I agree with Atticus - the debt in question would be considered shared and therefore, both you and your ex-husband would be liable, so it should have been included in the property settlement accordingly (which state courts do not have jurisdiction over), and this should be brought to the attention of the court in which the civil claim has been made.
     
  10. BecL

    BecL Active Member

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    His conviction is really relevant if taken into context. He never raised the issue while we went through a property settlement. Only four weeks after the orders were sealed he then writes an affidavit stating that he agrees with the claim (even though he is the respondent) ....that we did make the agreement to pay his brother, but he is in jail now, so he shouldn't have to pay. I have six children and I have no support. The settlement was finalised on that basis and an additional debt changes everything. So given this new information (that this debt suddenly exists according to my ex-husband) then should I just have it go back to the Family Court ?
     
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