VIC Property settlement question
- Thread starter tigerman2705
- Start date
Oh man. I’m actually learning to laugh some of this stuff off which is a step forward.
I do some recreational gold panning as well and was intending on getting it made into jewellery for the kids. She’s even after that.
I do some recreational gold panning as well and was intending on getting it made into jewellery for the kids. She’s even after that.
alright - I'll give you a laugh. I got a letter from her solicitor knocking back my offer 70-30 in her favour.. Nope - she wanted 105%. yup, not a typo. Nor is it the funny bit.
Eventually we settled at 60/40 in her favour. But the size of the asset pool had shrunk by about $70 000 because the laywers always get paid and there was other wastage. To put it another way, she knocked back approximately $300 000 when she was offered 70% BUT got closer to $200 000 when she accepted 60%... Meanwhile, because she knocked back my offer where I got 30% but eventually settled with me getting 40% the amount I got from the separation was about the same.... Bloody madness.
Eventually we settled at 60/40 in her favour. But the size of the asset pool had shrunk by about $70 000 because the laywers always get paid and there was other wastage. To put it another way, she knocked back approximately $300 000 when she was offered 70% BUT got closer to $200 000 when she accepted 60%... Meanwhile, because she knocked back my offer where I got 30% but eventually settled with me getting 40% the amount I got from the separation was about the same.... Bloody madness.
Crazy.
As I’ve stated earlier in this thread my two oldest girls are living with me the vast majority of the time. The lawyers letter says my ex’s position is that they want to live with her most of the time which is completely untrue and not reflected in the reality of where they’ve been spending their time. How much does care of the kids impact on division of assets?
As I’ve stated earlier in this thread my two oldest girls are living with me the vast majority of the time. The lawyers letter says my ex’s position is that they want to live with her most of the time which is completely untrue and not reflected in the reality of where they’ve been spending their time. How much does care of the kids impact on division of assets?
She’s also asking for bank records from 1999 to prove how much I brought into the relationship ($85k) vs. her contribution of zero.
Oh and she’s also trying to change our date of separation from Jan 2020 to April this year.
and one more thing - she’s a former paramedic who worked as a 000 call taker prior to that. Both jobs pay $100k+. Can just simply choose not to make the most of her qualifications here? It’s like an ex-lawyer choosing to wash cars for a living.
CSA has a change of assessment application based on a payer deliberately earning less than they are able to avoid CS ... No equivalent in property settlement... That said, you could use her future earning capacity as a rebut against any claim on a section 75(2) adjustment in her favour regarding the need to retrain to gain qualifications for future employment.
If you find a nugget hide it under your bed.
The judge in my case authorised a release of settlement funds (was actually the deposit) from a property sale. So even if you disagree, if she claims she is broke the just might order a release. Let's say the judge orders a release of funds in the interim. How you want to document that release counts. It an be an adjustment of the final settlement or taken now and those funds, if spent, excluded from the asset pool at Property settlement. If I were you, and this thing was going to drag put, I would start thinking about how you could spend money productively to reduce asset pool without the judge adding it back. There are lots of ways and my understand (ftom my lawyer) is add backs are not done lightly. Pre pay future holidays, repay the loan you owe your brother, start a college fund for your daughters. I'm not a lawyer but I'd do some research if you want to reduce the pool.
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