NSW Ex got the lot, financial orders

[Nails74]

Hi, I've been through a very messy 4 year parenting and financial dispute with my Ex. My Ex is not a person to compromise, and believed that she deserved everything from sole parental responsibility, 100% care of my kids, and 100% of the financials.

Due to the strain this was placing on my health I decided to submit a Notice of Discontinuance to prevent myself, my kids, and my Family from having to go through the trial process.

The Ex received $645,000 cash, plus $120,000 from my super fund.
I received -$2,000 (yes, somehow I still owe more), and what was left of my super.
I am still expected to pay $600 a week in child support payments as the Ex knows that if I care for my kids for 14% of the calendar year it will reduce child support by 24%

When the Judge asked the Ex's solicitor whether the financial orders were just and equitable, the reply was a resounding 'Yes'. Obviously, this is far from the truth.

Is there any means of recourse that I can take, so that a just and equitable outcome can occur?

Regards,
Adam

 

[AllForHer]

Why on earth would you file a notice of discontinuance? Terrible decision on your part.

When were the orders made?

 

[Rod]

If the matter was discontinued why were you in court? Did you agree to consent orders?

 

[AllForHer]

If the matter was discontinued why were you in court? Did you agree to consent orders?

One party discontinuing participation does not discontinue proceedings. Unless the other party discontinues as well, the matter will proceed undefended.

 

[Lennon]

Is there any means of recourse that I can take, so that a just and equitable outcome can occur?

Yes - participating in the court process is how you seek a just outcome. Filing a notice of discontinuance and not participating means that the case will be decided without regard to your evidence or submissions, which is evidently exactly what happened.

 

[Nails74]

Thank you for your thoughts and comments. Yes, it does make sense. I was on my 3rd solicitor by this time and had spent $85k. The health and financial strains that the matters were creating, plus not wanting my kids to have to go through the court processes were my reasons for discontinuing. Yes, I should have cancelled the notice of discontinuance, at the same time I recevied nioadvice by my 3rd solicitor.

The orders were signed on the 31st May 2017. It was only 2 weeks ago that the ex has received the monies from the financial orders. I'm not sure what happened there.

Do I have a means of recourse? That is, can I reapply for a just and equitable outcome? Or, do I put this aside as a life lesson and never trust another woman...

 

[Rod]

Do I have a means of recourse?

Seems unlikely - change of mind doesn't qualify as a valid reason, and you are up against a legal principle that can be simply expressed as 'what is decided stays decided', unless there is mistake at law.

That is, can I reapply for a just and equitable outcome?

Unlikely, see above.

do I put this aside as a life lesson

Probably, yes

never trust another woman.

Neither men nor women hold a monopoly on trustworthiness. Just get smarter. Think with the big head, not the little one.

There's a saying 'trust, but verify' that is appropriate. And use of binding financial agreements.

 

[AllForHer]

You would need leave of the Court to file an appeal since you are well and truly outside the 28-day timeframe, but I’ve seen stranger things come to pass in family law.

You’d best get legal advice.