ACT Wife Trying to Extort Money - Any Recourse?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

drowning

Member
29 May 2017
3
0
1
So,

Long story short - wife (yes, still married, one issue is she refuses to do anything unless I pay for it ) has an entitlement issue and can't be negotiated with. Now she has left the country for 6 months and is threatening me with accusing me of raping her when we lived together as well as "mental anguish" which entitles her to all of the money. It didn't happen and she's offered to not say anything if I don't "go after her super".

- We haven't lived together for over 18 months.

- During mediation with relationships Australia (the only time I've been able to get her into a room with another adult) she was unable to provide a reason why I shouldn't have 50/50.

- I now have 50/50 (it took over 12 months for me to get it and she made me wait 6 months until I was allowed to, for no particular reason).

- She has significantly more super (about 20-30% more)

- I do earn more, about 50% more now that I can't safely work in a contracting role (due to the parenting arrangements and job security). I used to earn alot more - but the family and financial situation means I can't safely do that anymore.

- She is in defence and has taken (not forced) a deployment overseas where her income has almost doubled and is tax free.

- As she breached our parenting plan around notification periods she arranged a "nanny" to take on some of her parenting responsibilities while she was away but the nanny is flaky, and all over the place, so I'm most likely going to take on the kids full time.

- She refuses to attend mediation - because of the outcome of last time (a fair outcome, and being put on the spot/having say the crap she says directly to me in front of someone else). I have a 60I for parenting and property matters from before she left where she refused to attend. She also refused to attend lawyer lead mediation.

- She insists that we use lawyers but refuses to answer or answers directly with abuse/unrelated issues when she runs out of money.

- I've basically run out of money. So I can't do much anymore.

- She wants all of the profit of the sale of our house to be put into trust until its been through court, or I sign a one-sided consent order.

I feel like she's basically extorting me, I'm unable to get the funds I'm entitled to because she feels I should just do what she wants and because she's earning so much at the moment I can't do much about it.

Legal aid doesn't want anything to do with it - or the extortion claim - apparently the police won't either (paraphrased from legal aid). There are other benefits for me if I can have her charged with a crime - she will be sent home, forcing her to deal with the issues she has at home.

My lawyer says if I can't afford to initiate action then I need to just negotiate direct with her... but there is no negotiation.. only what she wants, or else...

I'm running out of options and at my wits end - and financially I'm not in a good place.

Any help would be appreciated.
 

drowning

Member
29 May 2017
3
0
1
Forgot to add - legal aid said that I should try initiating action with an interim order - as the reasons she is giving for the whole amount going into trust are questionable... but that there is a many month waiting list - even for interim orders.
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
Where is the child right now?

Self represent - apply to court - do it on your own... Actually you have lots going for you...Why? Well you have 50/50 with the kid(s) most blokes are fighting just for that... I would do nothing until she comes back from OS...

She is going to find it hard in court to explain why she chose to leave the kids with some random person and not with you...

Stay calm
 

drowning

Member
29 May 2017
3
0
1
Thanks for the feedback.

The children are with me - the "nanny" has gone quiet due to an ilness and hasn't been able to take care of them for more than 4 days at a time - but its been random so CSA won't accept it as a change of care. Nice.

Yes, staying calm. I've had years of practice :)
 

kimbapuppy

Well-Known Member
17 January 2016
69
7
224
I empathise with you as my ex is doing it for financial gain through child support (hence restricting me access to the children) and financial settlement.

Sounds like you have more child custody so the financial split should work in your favour (then again I am not a lawyer).

The only good thing with divorce my accountant tells me is a child maintenance trust. I am thinking of settling based on funds in her favour going into the trust (she won't agree) so the judge will have to make the determination potentially considering she moved $80k out of her bank account into her deceased sister's bank account a month before she left me.