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View topic: Help and advice sought for Daughter-in-Law – Family Law Web Guide
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Help and advice sought for Daughter-in-Law

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Need advice on what to do to help our daughter in law receive what she is entitled too. She has left the family home with 2 daughters under 10 and renting which is partly subsidised by Centrelink. She works part time to support her and the girls and receives nothing from her husband.

He had his own business which he has allowed to run down to avoid giving her any proceeds from a seperation, something which he has been obviously planning for the last few years but has finally come to a head within the last 6 months.

He lives in the family home and still has business assets of over $100,000.00 but has told her that she has no share in. They have agreed to a settlement figure on the property however he is manipulating a reduced amount payable to her. He also wants her to sign and agreement on the propert valuation.

He intends to pay her out however the information he would be giving the bank to obtain a loan is different from what he is providing Centrelink for child support. He pays her nothing for maintenance.

We are trying to help her recieve what she would be entitled to, she kept house raised 2 children and did all his bookwork for the business and is now being denied a realistic share.

She doesn't want to upset anyone and does not want to spoil relationships for us and our son, however we no longer see him (his decision) because he knows we do not agree with what he has done. I want her to speak to a family law lawyer but the first one I spoke to to make an appointment wanted $500 up front for the initial interview and advice.

She is willing to speak to a family law lawyer, but I need advice on who you would contact in around the Dandenong area of Melbourne.
Just to clarify: the father is paying child support - is that correct?

Property Settlement

This is a 4 stage process

Stage 1
Determine the size of the asset pool by either the global approach (all assets together) or the asset by asset approach if the assets are 'complicated'.
Included in the asset pool is super, trust funds, long service leave, cars, houses, collections of any sort, bank accounts, a pending inheritance,etc.
Some of the assets are property (house) and some are financial resources (trusts - unless you control it).

Super is part of the asset pool but generally kept in a separate pool for working out s.79.

Stage 2
Consider the contributions pursuant to s.79(4) a,b and c.
This can be financial or non financial (looking after kids).

Stage 3
Consider s.75(2) factors - kids, health, education etc.


Stage 4
Consider if the order is just and equitable s.79(2)


Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
LAWYER

Ask if they are a family law specialist - do not go to a generalist lawyer as Fam law is complex and has many hidden traps.

Normally the lawyer will ask for money in trust up front as people have a nasty habit of NOT paying (no one is ever happy with their result and it is always the lawyers fault that YOU forgot to tell them important info).

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
The father is paying no child support at present, he has told Centrelink that his income is lower than his wife's income
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