My husband and I have recently separated. He is saying that the outstanding child-support agency debt that he has from

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Customer: My husband and I have recently separated. He is saying that the outstanding child-support agency debt that he has from his previous marriage is part of our marriage liabilities and therefore I would be liable for outstanding debts as well. Is this correct
JA: What are the assets involved here? Are there any minor children?
Customer: No this is child-support that has been taken from court orders and given to the child support agency for collection when he could not pay the full amount the court orders stated from 2014 onwards. His youngest son is now 20 yet he still has quite a large child support agency debt to pay to his ex wife.
JA: Where are you located? Divorce laws vary by state.
Customer: Queensland but she resides in Victoria. His son works for him as a drafter in his engineering consultancy remotely in Victoria as well but does has not lived with her for at least 18 months.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Are things that I bought for myself out of a 6 year battle with my income protection insurers (after I was made TPD in 2012) an asset of the marriage? He claims that my car (the only big ticket item I bought) is half his and he refuses to give me back my second set of car keys or the vehicle log book. The rest of the money went on paying off debts of the marriage.
Answered by Daniel in 21 mins 2 years ago
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Daniel, Expert

My name is***** am a Solicitor here in Australia and look forward to helping from you.

If there is anything that I type that you need any clarification on, by all means let me know. I am here to help.

If you prefer to speak with me over the phone, click on the phone call option! I can then call you immediately, or at a time that suits you.

Child Support:

Not relevant. His debt, not that of the asset pool. You cannot be liable or subject to this failing on his part to not 'parent'

Other assets:

All other assets are part of the asset pool.
What assets are there? Just the car? Is there a house? Property?

If not, then there is no real need for a property settlement, with respect.
The vehicle? Who is it registered too? Is there money owing? How much is it worth?

I wish to help you in this situation.

Please click accept / rate my service (WITH THE STARS - FINISH BY RATING). I am able to answer further questions after doing so at no further cost to you

Hi Dan, thanks for the information about child support. There is a house on an acre of loans which needs much work done to it and with a huge mortgage even after being in it for 14 years. The car is in my name only and fully paid for from my income protection money I fought for 6 years to get any of. He has a big F truck but threatened to call the police on my middle son if he didn’t bring back the car we bought off his father 4 years ago and he’s been driving while at uni. Thankfully my ex lent our son money to get another car and left the car at one of the drafters who work out of our house as he can’t cross the border due to covid. He was using it as a threat to get my car as he said to my son if I would take my car back to him he could keep his car he’s had for 4 years!! My son told him to shove it. There is a self managed superannuation fund - a house in Brisbane which has never been tenanted and is falling down. He borrowed money from his elderly father to pay his ex out of the superannuation so he didn’t have to sell it. It was a house he and his father built when he first got married. It has sentimental value and he’ll never sell it while his father is alive. I rolled two of my supers into it when we first got married - thankfully I still had 3 superannuation funds so I could get the TPD components when I was made TPD at the end of 2012. I was then fully dependent upon him financially. My ex didn’t earn much so there was not much child support because on paper every year I was allocated money through his trust fund in order to minimise tax. It is all very messy. I have no money to get legal advise and after almost a year in a mental health hospital I am sharing a bedroom with my 18 year old son in an apartment he shares with a friend. Then when my eldest son gets back from sea I will go live with him until I can get a disability support pension which will be difficult as on paper it looks like I’m earning money but luckily I have an email he sent to one of my super funds that clarified the whole tax minimalisation and that I did not work for that money. Plus the tax and super hasn’t been done and he left the 2018 papers for me to sign the weekend he was away and i took them with me as I’m not signing anything till I get legal counsel and I packed my personal belongings and the remainder of my sons things and put into storage in a secret location. He has all the furniture I owned before I met him and a whole raft of things I didn’t need or want but is bleating because I took ‘assets of the marriage which will all have to be brought to account’. He is a bully, emotionally and psychologically abusive and financially abusive. My 3 sons hate him and he pays money for prostitutes and I’ve sprung him so many times but I’ve had no means to support myself and 3 sons so I stuck it out till my sons are now grown and want to support me. The are good young men. When we met I was a full time organisational change management consultant and was quite capable of supporting myself and my 3 boys. My ex and I were and still are friends. He was going through a long messy hostile divorce with court orders involved and it made me make sure my sons father and I stayed friendly as I could see the toll it took on his 2 sons. He ended up having to pay $1000 for each child a month as well as spousal maintenance. She likes horses and from what I was told they had lots - all that disappeared before any orders were served on him and all that were bought by him for her. She never worked during their 20 years together - her choice and he didn’t mind. He also had to pay ridiculous amounts of Private school fees - the eldest boy had a half scholarship and the second son was 10 years younger (an oops baby which I don’t think she really wanted) he wasn’t academic and the rigours of that private school took a toll on him terribly - he hated it. She had certain things she was supposed to do under the court order (keep him informed about health, provide report cards etc etc ) none that she did. So in 2014 when his practice went south I advised him to keep paying the maintenance and not the school fees. He paid the school fees for the youngest boy (Oldest boy was working by then) and she took him through the child support agency for collection. He never listened to anything I ever had to say - I only had a business degree and an education degree but I was/am a director on paper only of the family business. I became seriously unwell after 2 years of marriage in 2009 and I have picked up another new chronic illness every year for the past 10 years. He thinks I’m stupid and is trying to frighten me with his demands. He has the money and the power and I know the business is up to the eyeballs in debt and he’s going to try to bring me down with him so he doesn’t have to pay anything to me. He only kept me around to protect HIS assets. All of my TPD & inc prot $ went on business debts except my car. How do I not get dragged down with him?

Daniel, Expert

It's clearly systematic emotional abuse.
I would encourage you to finalise the financial settlement forthwith and move on with your life.The settlement needs to reflect what you put in. The contributions are significant.I cannot quantify with any certainly what you are entitled to, but given what you have said above, over 50%.
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