Hey.
Long story short: every since I was a little kid growing up I always used to get cash in the mail from relatives (particularly my grandmothers) every birthday and christmas. My mother used to deposit this money in a savings account, and eventually it accumulated to well over 1500 dollars. In late 2007 there was a divorce and it’s still going through the family court. I now live with my dad and havnt seen or talked to my mother for nearly 2 years. I have always been aware of this money given to me by my various relatives, but I have never really cared about money until recently; I have gained a need for this money which should rightfully be mine since it was given to me.
I originally contacted her by email last week and requested the money, but after a chain of emails going back and fourth between us, she is refusing to give me the money until I "start behaving." What she means by that is that I stop refusing to see/ talk to her which I simply won’t do. Today I took matters into my own hands and contacted Legal Aid, as well as taking a quick visit to my local police station. I am now filling out a Civil Claim and have a few questions regarding it, could you please answer as many of these as you can:
First of all: I’m 15 years old, so as a minor am I allowed to lodge this claim?
I was told by legal aid that I need 3 copies of the claim, one of which I have to deliver to my mother. Can I deliver this to her through registered mail?
One of the other copies is supposed to be lodged to my local court, but what do I do with the 3rd copy?
How much does it cost to lodge this Civil Claim? I think the lady from Legal Aid said it was 80 dollars, but I can’t exactly remember.
If my mother chooses to defend this claim in the local court, what do you think my chances are of winning? She argues that as my mother she has responsibility over the money, but I responded saying that I have a right to my own possession, and as a parent she doesn’t automatically gain ownership of me and everything I own. Also, I indicated to her that even if she is my parent, I’m never planning to contact her again, and you cannot have responsibility over the money of someone you will never see again. If a parental figure should have responsibility over the money, then why doesn’t my Dad have responsibility over it since he’s the one that I actually live with? I don’t really know how the local court will respond to this issue, help is much apreciated.
Thanks.
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I have just finished with a dad of 3, 18 and 17 and 12 after nine months. Their divorce came through recently. Im not feeling sorry for myself and I never broke the family. His Wife had affairs. I just cant win. Shes loaded now and gloating and playing with their emotions. Hes about to go bankrupt and the kids chose to live with him. I cant bear to see him in this terrible financial state. I got on fine with his children and never interfered. I finally asked him today to see a solicitor for an hour and I would pay. He refused point blank and said hed given in a long time ago and she will be allowed to continued disowning her kids at will. I had to finish with him as no future. Why do these men support their exes behaviour yet wont tolerate advice from new partners.? I have no kids but that is not a reason for me not to understand. I consider myself an intelligent human being but i dont get it?
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I am interested in hearing from anyone that has had difficuly in divorce particulary where ex spouses hide assets. In this case, he is particulary wealthy and has taken all assets out of his name. He has reduced child support (by recieving cash in hand – family business empire) to figure not worth quoting. i spend this amount just in travelling to work one way per day. problem is, because I work, I am not entitled to legal aid. There for, for me to take him to court, it will cost up to an estimated k Aud. The very reason I need to go to court as he owes me k, we need to divide assets and I need help paying for childcare etc. I think it is appalling that if I leave my job, I can apply for legal aid, however why I work and try to be responsible mother, I cannot even afford to register my car now which is due. Any advice or does anyone know a solicitor that will work on commission. We can get what he owes me but I need to get him to court.
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Own the house 50 percent unencumbered, ex-husband when rang did not know of divorce(7 months prior), do not,will not pay ,000 upwards for solicitor to act. Domestic Violence order in place. Police have already,despite court directive not to divulge address to respondent,have done so. Police have apologised but do not not wish to do the "right thing" again.
Cheers…Jill
7 months, cheers, court directive, divorce, domestic violence order, respondent, solicitor
I have gone through a divorce and went to a Legal Aid office who passed me onto somebody.
The matter has been settled out of court. Although there was some paperwork involved, the matter has gone on for just over a year. My partner was billed about 00 from his solicitor, I however after verbally agreeing to a price of somewhere between – 20,000, have been given a bill of about ,000. There is no break down of costs on this bill just a list of what has been done with a total price. This money has been taken straight from my settlement, I believe I have been ripped off as it is almost 5 times the price of my partners, and I am on a centrelink and originally went through a Legal Aid office, which I assumed would be my best option.
Is their anything I can do about this?
centrelink, divorce, legal aid office, money, paperwork, solicitor