9 Comments Family & de facto law, financial agreements, consent orders
The orders also provide for a registrar of the court to sign documents and do things on behalf of a defaulting party. [/QUOTE]
Should't be any need to file for enforcemnet with the above clause, unless perhaps the property sale dosn't cover what you're owed & there is an amount outstanding..
The other party should have the opportunity to reach an agreement with you concerning agents & solictors as noted before taking the matter to the court registrar
The funds were obtained from a super lump sum. Ex tells me that the ATO has said tax has to be paid at 15% plus Medicare levy - but only after I asked why the amount paid was less than the Orders.
Ex claims to have tried to get legal and accounting advice to allow the full amount to be paid, but all advice said the tax had to be paid. Of course I haven't seen any evidence of the supposed advice...
Ex says I have no right to initiate sale of house because Orders have been complied with. Errr, no they haven't.
I have asked my solicitor about seeking urgent Third Party Debt Notice to get the remaining funds if they are still in ex's bank account.
Willo 2019-03-12 17:05:36
There was no tax on the super split as all of my super was taxed in the fund. Ex claimed super in order to have the funds to pay me.
As a lump sum claimed after preservation age and before 60, no tax is payable up to $205,000. However ex is claiming the ATO have said for ex's circumstances, tax will be payable and has to be deducted from what I am owed.
In any ordinary relationship, sale of the property would have been ordered however the house has been modified due to special needs of my ex and so the judge took this into consideration.
Willo 2019-03-19 23:44:12