VIC What are My Prospects in Property Settlement?

[Antzzz66]

Sorry, guys. Somehow I have deleted some of the conversation.

 

[Antzzz66]

I actually agree with you Sammy, about the primary carer having grounds to expect more $. My comment was in reply to Antzzz feeling like he was going to get screwed.

CSA won't attempt to collect for me based on his violent history. He is self employed and doesn't receive tax refunds. He owes the tax office and is keeping it that way whilst there is a chance he has to pay CS. They redirected me to Centrelink and want me to just collect FTB.

sorry guys some how i have deleted some of the conversation.....

I though I was deleting something I was about to post. Just new here so bear with me

 

[sammy01]

So since you've mentioned it, why not 50/50 with the daughter? What will she agree to? Stop paying the mortgage, pay child support. Use that as a bargaining chip. Having fun yet?

 

[SamanthaJay]

I would also stop paying the mortgage if you aren't living there and it's a managable amount on you ex's salary. For instance, if she would have to pay at least that in rent or you are paying a similar amount in rent.

Personally I would never have it tied up as child support. Do you have a child support assessment? If not, get one and pay the amount assessed and leave the mortgage to your ex to work out. If she is not willing to pay it, then of course you will have to pay it or risk credit black mark against your name (both of you) and I would be moving quickly on making the financial settlement.

 

[Antzzz66]

I would also stop paying the mortgage if you aren't living there and it's a managable amount on you ex's salary. For instance, if she would have to pay at least that in rent or you are paying a similar amount in rent.

Personally I would never have it tied up as child support. Do you have a child support assessment? If not, get one and pay the amount assessed and leave the mortgage to your ex to work out. If she is not willing to pay it, then of course you will have to pay it or risk credit black mark against your name (both of you) and I would be moving quickly on making the financial settlement.

Yes, I have a child support asessment and am now paying half mortgage in agreement with my wife paying half. So far all things are amicable. The house is being valued on Friday and then the wheeling and dealing starts.

 

[Antzzz66]

So since you've mentioned it, why not 50/50 with the daughter? What will she agree to? Stop paying the mortgage, pay child support. Use that as a bargaining chip. Having fun yet?

Not much fun Sammy. I work odd hours...Midnights and afternoon shifts as well as days so I don't think my wife will agree to 50/50 with my daughter. I don't want to get into a s**t fight with it...

 

[Timnuts]

You can't deduct it from the child support. That's up to you if you don't want to continue to pay the mortgage whether you live there or not. You still own the property. In the interests of keeping things amicable, it would be in both your best interests to come to an agreement regarding the financial settlement.

From what you have said, you are potentially looking at close to $340,000 of assets. 50/50 is $170,000 each. How much do you want to throw at it fighting it? My solicitor's bill is already at $30,000 and settlement is no where in sight. Another 5% to your ex means you get $153,000 so less $17,000 than what you would get at 50/50%. If she has your 14 year daughter with her, why does that mean you'll get screwed?

My ex has paid no child support for 18 months now and we have a 6ft 5in tall 17-year-old that eats like a horse, goes to school out of area which requires me to work around him and I rent the cheapest accommodation I can find. Meanwhile my ex stays in the beautiful family home with a tiny mortgage (similar to yours) and earns 4 times the amount I do. Sure I'm going for a minimum of 55%. He also thinks he has been screwed.

I also have spent 50k-60 k to finalize a divorce, property settlement and children visitation rights. My ex is a c***. I've been fighting for the right to see my kids and finalize everything. It's now been 3 years and have not seen them and she has stopped all communications 7 months ago.

She uses them as a hurtful way of parental alienation 101, which has now mental scared me for life with mental health illnesses.