4 Comments Family & de facto law, financial agreements, consent orders
If you are doing shared parenting then she is not likely due more money because "she is the mother". However she is likely due more money because the difference in earning capacity between the two of you. With the information provided, I would guess somewhere around 55-60% to her.
A cheap way to work through this is through mediation with Family Relationships Australia - who can help you work out something that is fair to both parties so that neither of you feel like you are being shafted.
In terms of child support - the CSA calculator on their website will tell you how much you should be paying. If you are doing share parenting then the expectation is that the costs of raising the children will also be shared. You pay child support to assist with their upbringing whilst in her care - not to pay for all the costs of the children completely.
For house valuation it should be a register valuer. You could ask your bank to provide one, they may also provide one for free (we got ours done when I was looking to extend credit).
Solicitors are like real estate agents, quote high to sign you up. In court something like 60 -65% of combined assets. There a lots of variables though. For instance if you agree to giving her a bigger slice of the tangible assets, and less super then you might reduce the over all expense as you are giving her immediate money where you will have to wait for your super. Only 5% of cases go to court. My ex failed to respond to a resonable offer about the 70% in her favour. She came back with a proposal where she got 110% of everything. We bantered about a few different proposals to make sure the solicitors could have a good christmas... It is looking like she will get 60% and I have 5 nights with kids. Aged18 months, 2 and 6.
Mate private schools can be a problem. She won't be able to affort the fees. It can be argued that you both agreed for private schools so you're both responsible for the fees post separation. Mate, I'd wear 60% if part of the agreement included 50/50 shared care and you agree to pay at least 1/2 the school fees. Anyone who tells you that children and property are dealt wit separately is a fool. It is true in court, but like I said only 5% of cases go to court. Also depending on your asset pool a quick settlement with you giving a bit more may be cheaper than the legal bills. It will definately be emotionally cheaper.
[QUOTE=emca01] My ex failed to respond to a resonable offer about the 70% in her favour. She came back with a proposal where she got 110% of everything. We bantered about a few different proposals to make sure the solicitors could have a good christmas... It is looking like she will get 60% and I have 5 nights with kids. Aged18 months, 2 and 6.[/QUOTE]
Sorry to hijack the thread - but is that a court decision 60%? Do you have a calderbank offer in place if that is the case and do you have a good chance of clawing back legal fees?
That sounds like my case - wife asked for 70% of everything. I agreed. She came back and said essentially that the deal is off the table and she wants 100% of tangible assets and about 50% of my take home pay for the next 5 years.