by New user  01/03/2016  505 Page Views
16 Comments  Family & de facto law, financial agreements, consent orders
Hi All,

I am looking for advise as have reconciliation conference on 22nd march. I did sent an offer of 70/30 split but was rejected and the counter offer includes things which i dont possess( like that i have overseas property and shares/funds etc). Below are the issues where i am stuck and looking for the experienced opinion:

1. I offered 70/30 split and reduced the contents value to 0 as she has kids for most of time. Pool according to my calculations is only $160000 out of which $128 is equity in the house and $32k is value of the car. She is taking the value of the property as $320k with debt of $222k wheras the bank has valued the property for the consolidation of loan at $350k. Do i need to take as $320k or $350k as bank valuation ??

2. She is working full time @50k pa wheras i am on @140k package. I get kids at the moment only on weekdays for 2 hrs and sun for 8 hrs and am paying child support as assessed by CSA. Is she entitled to spousal maintenance which she is asking ???

3. Do i need to pay for school fee, child care fee and all other child expenses even though i am paying for child support ???

4. She is working full time, getting child support from me and also getting benefits from Centre link as concession.... is she still entitled to spouse maintenance or extra child maintenance ... on one side she is saying that she wants to refinance the house as she wants to keep it whereas on the other side asking for spouse maintenance and child maintenance in addition to assessed child support ...

5. She did ask for spouse maintenance in interim orders which were done in Nov last year but the court didnt even discuss that at the time. Her circumstances have not changed from that time and she is still working full time...can she be awarded spouse maintenance even though i did sent her offer of 70/30 split in her favor which she rejected...
6. In her offer lawyer has put some cases reference of Calderbank v. Calderbank FAM 93; [1975] for indemnity costs etc..

Your opinion on above would be much appreciated and if there is any case references you can provide to support it to help me will be great.