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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Through s lawyer, my husband has proposed a property

Customer Question

Through his lawyer, my husband has proposed a property settlement to his ex-wife. She was given 7 days to respond over 3 weeks ago. Prior to this she did not respond to previous lawyer requests. The youngest child (17 yrs) has been living with us for 18 months and her mother has still been receiving child support payments, which have been paid straight on to the house mortgage of the house she lives in that is solely in my husband's name. She has paid absolutely nothing towards the kids whilst they have been 100% in our custody. There is no issue of child custody.
We want her out of the house and have offered her a property settlement of $115,000. In the original mediated settlement (10 years ago) she was to get a $14,000 one-off payment, child support for each of the 4 children until they turned 18, and the profit balance from sale of the house of the value of the house minus the mortgage owing. My husband has kept up with all conditions. She has defaulted on at least 3 major creditors to the house in the last 2years, which now appear as defaults to my husband because the house is in his name. We wanted to just transfer the mortgage to her name but the bank wouldn't do this due to her inadequate earnings.
As mentioned, she has not responded to proposed settlement in the allocated time ... does that make the settlement option void and if yes, do we have legal grounds to ask her to leave immediately, sell the house and then she just has to wait for her settlement payment until the house is sold. Her inaction is causing great concern and feelings of being trapped as she still lives in the house that we are paying for and we are still paying ALL costs associated with the 4th child who lives with us 100%.
Please provide some guidance.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

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.

Unless you have applied for child support you cannot backdate it now.

What did the orders say about the transfer of the house?

If it was in his name and she was to pay then he would be the one in default as it was in his name. This should have been explained by the lawyers back then.

Customer: replied 1 year ago.
The mediation stated that she would get the balance between sale of house and mortgage owed.
Do we have legal standing to get her out of the house with payment to follow to her upon sale of the property. Or do we have to pay her to get her out?
She has collected child support for 18 months whilst having 0% custody.
Expert:  Leon replied 1 year ago.

Good Afternoon

If orders were made you cannot change them now only enforce them.