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Financial matters stipulated in consent orders

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zed! View Drop Down
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  Quote zed! Quote  Post ReplyReply Direct Link To This Post Topic: Financial matters stipulated in consent orders
    Posted: 10/January/2019 at 17:06
My wife and I separated in September, she bought me out of the family home (I received that money) and was supposed to give me 45% of our $30'000 savings as stipulated in the financial matters of our consent orders.She dragged her heels in paying me and then said the money had been used to pay bills, school fees etc Not sure where I stand..

From Consent Orders:

That within 30 days from the date of publication of these Orders: 7. The parties to divide all funds held in ING Bank Account number xxxx, Bankwest Bank Account number xxxx, Bankwest Bank Account Number xxxxx and Bankwest Bank Account Number xxxxxx as to the sum of $19,275 to the Applicant and the sum of $11,915 to the Respondent, such amounts to be amended only if necessary to ensure the parties receive a 55.5/45.5 division of the total net asset pool in the Applicant’s favour.

Edited by zed! - 10/January/2019 at 17:06

jaazzz View Drop Down
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  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 10/January/2019 at 21:46

   Assuming your orders are legally binding, ie approved & stamped?

Your first course of action is to liaise with the other party regarding outstanding money... Looks like you have done that.

Next step is to send her a formal letter informing her that she is breach of Paragraph XX of XXXXX order, dated XXXXXX...( Include the entire paragraph that she has breached)....

That she is now XXXX number of days overdue as per the order... That you expect full payment as ordered within 14 days (from the date of letter), unless a payment arrangement to your satisfaction has been agreed upon within that 14 days... (make sure you get any such agreement properly prepared by a solicitor)..

If payment in full is not received by you, or an agreement is not signed off on within the 14 days, you will pursuing enforcement via the courts..

If you are forced by her inaction to seek an enforcement order, you will also seek interest on the outstanding amount pursuant to Family Law Act S117B dating back to the day that payment was due as per the orders...

You will also seek all legal & court costs associated with the enforcement action...

Hopefully such a letter will prompt some action... If you think it would carry more weight coming from a solicitor, then it may be worth the few hundred dollars to do that..

The interest is 6% above the currently published reserve bank rate...

BUT... before you do this...Is there anything else going on here that may come back at you?... Nothing like outstanding child support or school fees that you had agreed to pay but haven't?.... If there is, then you should address those first..





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  Quote zed! Quote  Post ReplyReply Direct Link To This Post Posted: 11/January/2019 at 11:46
Hey Jazz, thanks for your informative response. We pay school fees separately and there is no child support. The consent orders state that neither parties superannuation will be touched (I have $110k, she $75k) and I won't claim child support, she earns more than me.

She is a person with a lot of integrity, but paradoxically is quite controlling and manipulative. Can you be both?? So I really just need clarification. I would like to think she hasn't screwed me over and I don't think she has, but I don't know. She never handed over the $$ and simply said it was being used to pay bills. In her initial reply to me she stated:

I think you should carefully consider the consequences of your actions and the veracity of your claim when making serious accusations against me like that.

If you read the whole clause, you'll see that what you have stated isn't the case (read the "such amounts to be amended only if necessary to ensure..." bit). As I've said, I have followed through meticulously with all of our agreements, both parenting and financial, legal and otherwise. I'm not going to argue the case with you, and if you want to seek legal advice prior to repaying me the money you owe me, that's ok.

I'm not sure what she means really.

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  Quote zed! Quote  Post ReplyReply Direct Link To This Post Posted: 11/January/2019 at 11:47
Note I owe her $500

emca01 View Drop Down
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 11/January/2019 at 12:21
she is meant to give you 45% of the savings. Simple. I would be follow Jazz' advice. So she has decided she is keeping all of the savings because she spent some of it on bills? hell no. She owes you $11 000

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  Quote zed! Quote  Post ReplyReply Direct Link To This Post Posted: 11/January/2019 at 14:05
Ok thanks.

She had a $6k credit card debt at time of settlement, this was included as a liability in the asset pool, so post settlement that debt is no longer my concern yeah? She gets 55.5% of asset pool which is $399k, assume there was no credit card debt she only gets $393, so credit card debt has been accounted for at time of settlement.

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  Quote zed! Quote  Post ReplyReply Direct Link To This Post Posted: 11/January/2019 at 14:52
A friend with some "legal knowledge" said:

Did you have your own lawyer look over everything? If you did, how did your lawyer not see that the clause that was added had potential to screw you over

In reference to:

such amounts to be amended only if necessary to ensure the parties receive a 55.5/45.5 division of the total net asset pool in the Applicant’s favour

I don't understand how it can screw me over.



Edited by zed! - 11/January/2019 at 14:52

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  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 11/January/2019 at 16:26
Originally posted by zed!

... I have followed through meticulously with all of our agreements, both parenting and financial, legal and otherwise. I'm not going to argue the case with you, and if you want to seek legal advice prior to repaying me the money you owe me, that's ok.


Looks to me like this $500 you owe her is a bit of sore point. That said, it still leaves about $10.5K that you claim she owes you...

The wording allows for an adjustment>>>> ' to ensure the parties receive a 55.5/45.5 division of the total net asset pool in the Applicants favour'<<<<<

So I assume she is saying that there were JOINT bills that were paid from those accounts... Did she show you the bills that were paid?.. You have a right to see those to make sure her maths & the payments made are correct, so If you haven't seen them, you need to..

Other thing is, were those bills included as JOINT liabilities in your application? You have already mentioned a $6K CC debt that was... Any joint liability should be paid out of those bank accounts BEFORE applying the 55.5/45.5 division..

You need to see all the facts & figures & then you are in a position to see if there is an error somewhere, or perhaps take them to your solicitor when you have them, see what s/he makes of it..

If there is still an amount owing to you, then you can decide if it's worth pursuing enforcement.. If it is, then the info in my first response is valid





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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 11/January/2019 at 17:09
i would definately be asking her for bank statements that demonstrate where the $11k that she owes you has gone?

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  Quote zedz Quote  Post ReplyReply Direct Link To This Post Posted: 12/January/2019 at 08:59
Originally posted by jaazzz

Originally posted by zed!

... I have followed through meticulously with all of our agreements, both parenting and financial, legal and otherwise. I'm not going to argue the case with you, and if you want to seek legal advice prior to repaying me the money you owe me, that's ok.


Looks to me like this $500 you owe her is a bit of sore point. That said, it still leaves about $10.5K that you claim she owes you...

The wording allows for an adjustment>>>> ' to ensure the parties receive a 55.5/45.5 division of the total net asset pool in the Applicants favour'<<<<<

So I assume she is saying that there were JOINT bills that were paid from those accounts... Did she show you the bills that were paid?.. You have a right to see those to make sure her maths & the payments made are correct, so If you haven't seen them, you need to..

Other thing is, were those bills included as JOINT liabilities in your application? You have already mentioned a $6K CC debt that was... Any joint liability should be paid out of those bank accounts BEFORE applying the 55.5/45.5 division..

You need to see all the facts & figures & then you are in a position to see if there is an error somewhere, or perhaps take them to your solicitor when you have them, see what s/he makes of it..

If there is still an amount owing to you, then you can decide if it's worth pursuing enforcement.. If it is, then the info in my first response is valid




She was in charge of the finances and I had my head in the sand. I just needed to get out of that relationship ASAP... so just trying to make head and tail of what's been going on. The offset account that was being used has been closed, but I'm getting statements sent to me. I had access to that account during our gradual separation whilst I was still at home, but never looked at the statements, so I'd be surprised is she was squirreling/spending money on non-bill stuff, but can't see where the $$ has gone. Will find out Monday.

One other thing, looking at the total net asset pool, her savings are not included. She's very shrewd with her money and I'd guesstimate she had over $20k, I had no savings. Should her savings have been included? If not, what do I do?

Note I'm seeing a lawyer Tuesday.

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  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 12/January/2019 at 12:19

You most definitely need to have all the bank statements & any bills, school fees etc she says she has paid to ascertain if it all adds up...

Any money held either as cash or in a bank account that she saved BEFORE separation, should be included in the joint asset pool for division...

Being consent orders, the onus is on you to check all is as it should be & all assets, liabilities etc that should be in there in fact are before signing off on it...

If there were pre separation savings not included that should have been, then it's going to be very difficult & costly to try to do anything about now,

You can ask her about it & why it wasn't included... Just remember that any money she earned & saved after separation doesn't need to be included in the pool


Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks

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  Quote zedz Quote  Post ReplyReply Direct Link To This Post Posted: 16/January/2019 at 09:23
She owes me between $10k and $30k according to me and my lawyer. Although it's a bit confusing. Multiple transfers of cash from our savings to her account. But anyway the options he has given me:

- his firm can do an initial consultation for $400 (my first meeting with him was a 30min Pro Bono meeting)
- his firm can write a letter of demand which will cost between $1000 and $2000
- I can file an Enforcement Application.

With her personality type, a letter of demand would do nothing. I'm leaning towards doing it myself with an enforcement application. However I have no idea what I'm doing and can't seem to find specific information relating to this. Note I'm in WA. Are there any good websites that can provide me with the relevant information?

And perhaps this question is more of an ethical one, not sure. She buys all the school uniforms and pays the school fees ($15k) I then give her half. I don't want to bring the kids into this, so arguably me refusing to give my share of the school fees could be interpreted as doing this. I would be doing that until I got my money back. She has a well paid job and I'd guesstimate over $30k in savings, so financially this would not be an issue for her.

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  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 16/January/2019 at 22:51

If you intend to file for enforcement, I strongly recommend that you first send the letter of demand... Doesn't matter if she ignores it, the point of it is to let her know (and the court know that this has been done) that she is in breach of section xxxx of the order & that you give her xxx days to pay or enter into an agreement for payment.... The court likes to see some evidence that you have attempted to resolve the issue before filing.... It also sets out clearly the section breached so there can be no excuses that the orders were not understood....It also puts her on notice that you will be pursuing interest payments & your legal costs if forced to file for enforcement...

Not sure if the figures quoted are just for a letter of demand or more but seems a bit over the top for just a letter... You can send off the letter yourself... You can mention the firm that you have sought legal advice from indicating that there is amounts still owing.... You may also be able to get some assistance from a community legal centre to write it up or at least an opinion.... Sometimes they have a simple template that you can use to get started...

Do that first & see what happens..

I Recommend that you continue the arrangement for school fees etc for now at least

Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks

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  Quote zed! Quote  Post ReplyReply Direct Link To This Post Posted: 18/January/2019 at 13:18
Originally posted by jaazzz

[QUOTE=zed!]

So I assume she is saying that there were JOINT bills that were paid from those accounts... Did she show you the bills that were paid?.. You have a right to see those to make sure her maths & the payments made are correct, so If you haven't seen them, you need to..

Other thing is, were those bills included as JOINT liabilities in your application? You have already mentioned a $6K CC debt that was... Any joint liability should be paid out of those bank accounts BEFORE applying the 55.5/45.5 division..

You need to see all the facts & figures & then you are in a position to see if there is an error somewhere, or perhaps take them to your solicitor when you have them, see what s/he makes of it..



So I think this is why she is being confident and smug. Her credit card was being used to pay bills. So looking at bank statements for our joint account you can see transfer of large amounts going to pay off her credit card. Which is legitimate, although the amounts increased significantly up to the point of settlement, so there was only $10'000 left in our savings an unknown amount in her savings and an unknown amount owing on her credit card. And that was included as a liability. So I think she has me by the balls. If the total amount owing on her credit card is roughly equal to the total of all our savings (which I suspect it is) then I get 45% of $0....

Hats off to her.

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