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IF APPLICANT IN A FAMILY LAW CASE AND SPENT OVER $100K AND

Customer Question
Customer: IF I AM THE...
Customer: IF I AM THE APPLICANT IN A FAMILY LAW CASE AND SPENT OVER $100K AND GETTING NO RESULTS CAN I WITHDRAWAL MY APPLICATION AND HAVE CSA SEEK CHILD SUPPORT AND WALK AWAY...
JA: Thanks. Can you give me any more details about your issue?
Customer: PARTNER AND I DIVORCING, 2 KIDS 8/10YEARS HAVE BUSINESS IN TRUSTS AND HE IS A HIGH EARNER AND SPENT 2 YEARS MOVING ASSETS - I AM OVER THE BATTLE AS HE IS JUST DRAGGING IT OUT TO WASTE ANY MONEY I GAIN SO THINK BETTER TO WALK NOW - ALSO HAVE NO DISCLOSURE AND FOR ALL THE LAWYERS AND MONEY SPENT DONT SEE THE POINT ANYMORE
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Australia Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: YES - NEED TO COLLECT KIDS SOON THO BUT CAN TAKE LAPTOP AND LOG ON IN BIT....THAT WORK?
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.Category: Australia Law
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Customer reply replied 1 year ago
PLS DELETE - THIS CANT BE ON A FORUM!
Answered in 8 hours by:
1/11/2016
Solicitor: Leon, Solicitor replied 1 year ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,125
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

You can withdraw but you have the problem that the other side can ask for you to pay their costs.

If the other side are happy for each party to pay their own costs and you withdraw then you can proceed like that.

If you have a solicitor have them send a letter to the other side making the offer of settlement. You will then know if they will be seeking costs and be able to make an informed decision.

The issue is that by withdrawing the other side can ask you pay their costs and the court will make the orders.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

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Customer reply replied 1 year ago
I have already made several offers to the other side - most ignored...
Does it alter if I have an offer (not consent order) that we each agree to our own legal costs?
As he is dragging it out and has vastly more income then myself (I am now on CL payments) can I claim I simply can not afford and he is not willing to settle?
Solicitor: Leon, Solicitor replied 1 year ago

Good Morning

Your offer would be that you withdraw the proceedings and each party pay their own costs.

In relation to contract with the children, what is the cuirrent position and are you prepared to have it continue if the other side agrees?

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Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,125
45,125 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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