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I am enquiringly on behalf of my cousin. She has twins at 12…

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Hello there. I am...

Hello there. I am enquiringly on behalf of my cousin. She has twins at 12 years old and has come out of her marriage about three years ago. She spent a lot of money with a lawyer in Sydney to get custody of the children. He was abuaive and taking drugs. The Newcastle court gave him 5 hours a week with supervised visits. He was supposed to pay for the kids education and is not doing so and only pays her $537 per week for the children together. Is that right? The house is in both their names but she pays the whole mortgage. He is wanting to get out of theoetgage next March but she can’t borrow as she cannot get a job to service the loan. Any ideas? Is this something you would take up?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Yes... new south wales

Lawyer's Assistant: Has anything been filed or reported?

Yes - when they split up - the lawyers came up with she would get the house if she paid the mortgage. The problem is - there’s no real equity in the house. If she was to sell it the kids would only have a roof over their head for a short time until the money after the loan was paid out runs out. All we need to do is make him keep the mortgage. He doesn’t have any custody of the kids because of his abusive nature but she has to pay for accommodation, food and schooling coats

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don’t thing so... it’s aimply how much should he pay and whether we can make him keep the mortgage until the kids are 18

Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/12/2018
Solicitor: Leon, Solicitor replied 4 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,720
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Has she applied for child support?
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Solicitor: Leon, Solicitor replied 4 months ago
I am Leon a solicitor from Sydney and my apology for not introducing myself earlier
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Customer reply replied 4 months ago
Hi Leon - yes she did trough the court and he has been told to pay $527 for the twins per week but it doesn’t seem much considering she has them all the time and has to pay 100 percent of the mortgage
Customer reply replied 4 months ago
No this way is fine for communication
Solicitor: Leon, Solicitor replied 4 months ago
Child support is not done throughout that the courts. She has to apply through the child support agency. I will send you the link. Also in relation to property have they started a property settlement application?
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Customer reply replied 4 months ago
Just checking if you are still there?
Solicitor: Leon, Solicitor replied 4 months ago
I am here
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Customer reply replied 4 months ago
I’m not sure. I don’t know anything about the property settlement application. Does this sound right tho that she’s paying for everything?
Solicitor: Leon, Solicitor replied 4 months ago
Give me a minute and I will get back to you
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Customer reply replied 4 months ago
Sure thing
Solicitor: Leon, Solicitor replied 4 months ago

Good Afternoon,

the following link will assist your cousin in working out what the child support should be it is only an estimate that that is better that you complete the details and ascertain what the correct amount should be.

https://processing.csa.gov.au/estimator/About.aspx

In relation to her paying everything, I assume that orders have not been made in relation to property and therefore until something is done what she is paying on horizon will be in her favour when it comes to the property split.

As she has the children her entitlement will be greater and the law will apply the following 4 steps

Step 1: Determine what the assets are and their value

This will include all assets and their value as at the day that you are dividing them. It does not matter whose name the assets are in, they will form part of the matrimonial pool. Superannuation entitlements are also included.

Step 2: Determine what contributions you and your Husband made towards the assets.

This includes a consideration of both financial and non-financial contributions. Consideration is given to what assets each of you brought into the marriage as well. The weight given to your initial contribution will be dependent upon the length of your relationship. The longer the relationship the less weight given to the initial contribution.

Step 3: What are each of your future needs.

Consideration is given to your respective ages, your comparitive income earning capacity as well as other factors.

IF these things don't balance equally for each spouse, then an adjustment is made in the percentages.

Step 4: Make an order that is just and equitable between both spouses

I believe she would be entitled to more than she is receiving, but she will only ascertain whether he has to pay more by completing the estimate that I have provided.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 4 months ago
Awesome. Thanks for your help Leon. I’m going to have a chat with her and get back to you. Cheers.
Solicitor: Leon, Solicitor replied 4 months ago

Good Evening

All the best.

Please do not forget to rate my work 5 stars so I can be paid as it allows me to continue to provide a service to those who require it.

You can ask further questions after rating my work.

Talk soon

Regards

Leon

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