by Robbie90  07/12/2018  8 Comments  685 Page Views
Family & de facto law, financial agreements, consent orders
Hi everyone,
I just signed up here so forgive me if I don’t get this right the first time.

To sum up the issue I am my husbands advocate on all matters as he cannot deal with many things that are too complex and this matter is making not helping him heal from the ordeal he’s been through. I will put our issues in point form then my question at the bottom.

History:
* In February 2015 We found out My husband had a large tumour in the frontal right lobe of his brain. About the size of an apple. Tumour was grade2 benign thank God! But he still needs annual MRI to check it’s not growing back or growing in another part of his brain.
* The tumour was discovered because I found my husband on the floor next to our bed having grand mal seizures. The hospital could not stop them so they put him in an induced coma and flew him to another hospital that specialises in brain tumours.
* the seizures damaged my husband in several ways, he fractured all the thoracic vertibrae in his back, he now has extensive nerve damage from his arms down to his toes plus severe chronic pain.
* the Tumour was removed via a craniotomy a few days later but has left him with life long deficits which meant He had to medically retire from work at 46 years of age and I had to retire from work to take care of him. He takes about 15 tablets at various times of the day that must be taken on time and he cannot drive anymore so I have to run his errands plus take him to doctors and specialist appointments almost on a weekly basis.
* We received a lump sum payment from his TPD insurance which was provided by his work.
* We also received his super paid out in a lump sum. We used this money to clear the mortgage on our home and do some renovations to our home that we had planned to do in the future when we saved enough money.
* We were taxed on both lump sum payments.
* Our account with CSA went from no debt to $120,000 in one month!
* My husband is on salary continuance payments at 75% of his pre morbid salary until he is 65 years old.
* He is earning Approximately $4000 per month and of that child support demanded $1200 per month for child support of his youngest plus to repay this so called “debt” or they would commence legal action to recover the “debt”
* This matter has put extra strain on my marriage as I not only have to get used to living with a different man to who I married 3 years prior but this debt is causing so many more arguments between us. It’s just not fair 😞
* My husbands youngest child is 17 years old and despite him being alienated from all three of his children for 14 years by a spiteful ex he has had no issue paying what’s right for his children and for his youngest now but this debt is choking us.
We don’t have enough money after paying for his meds ($300 per month) plus doctors and specialist bills, to do everything else he should have regularly done such as seeing specialists for rehab/physio/pshychologists/neurologists etc but due to nil assistance from DHS because we supposedly earn too much and we don’t qualify for support. Add to this living expenses each month and the money left over after paying CSA doesn’t go far to support us.

My question is:
We beleive the inclusion of my husbands TPD and super payout should not be included in his income and we want this debt cleared but so far every attempt we have made trying to get the CSA to review this has come up blank. They say they are following the law by including these payouts in his annual income assessment and they will not reduce or remove it.

Does anyone have any advice or help on how we can fix this issue please. I’m at my wits end and.my husband is getting depressed from all of this.


Robbie902018-12-07 20:15:13