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Post #7917 by danno77 on April 4th 2008, 2:56 PM (in topic “Pay rent on family home to the ex?”)

Pay rent on family home to the ex?:

Oops!

What section should I move to and pardon my ignorance but how do I move it?

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Post #7915 by danno77 on April 4th 2008, 2:42 PM (in topic “Pay rent on family home to the ex?”)

Pay rent on family home to the ex?:

Thanks D4E and Monteverdi for the replies.

I am still waiting for the ex to attend group session with Family Relationships Aust so we can go to mediation. I went back in feb and have been awaiting her to do the group session. I want to get a consent order inplace asap- as recommended by members here in my last post.

Financial settlement is on hold pending new CSA payments. I am awaiting the new rates to approach bank again to get a loan to pay her out.

My current CSA payments mean bank won't give me loan big enough to satisfy her.(In cyberspace no one can hear you scream!)

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Post #7912 by danno77 on April 4th 2008, 11:19 AM (in topic “Pay rent on family home to the ex?”)

Pay rent on family home to the ex?

Hi all,

Your collective wisdom/experience is again sought.

My ex has demanded I start to pay rent to her for living in the family home.
She moved out on her own volition last May to be with her new partner.
She rents a house and says it is unfair I pay a relatively small mortgage whilst she has to pay full rent where she is.

Actually her defacto pays half the rent or most likely all.

I have refused, as I have paid all the mortgage, rates,insurance and repairs since she left and will continue to do so until I either buy her out or sell.

Do I have to pay her rent?

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Post #7632 by danno77 on March 26th 2008, 8:33 AM (in topic “Capacity to earn?”)

Capacity to earn?:

LifeInsight - Thanks - I will be persuing Consent orders rather than a Parenting plan over next week or so.  

Once I get that bedded down will eagerly await July and new rates and see if the Bank will lend me enough to pay her out.

I will also be hoping for a real estate market crash :-)

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Post #7615 by danno77 on March 25th 2008, 5:24 PM (in topic “Capacity to earn?”)

Capacity to earn?: Thanks

Dear Guest.

Thanks for the heads up.
 
We have both gone to initial interview and group session a month or so back (she tells me she has anyway).

And, after reading your email, I have just rung Family Relationships Australia and followed up on getting mediation together ASAP to formalise the agreement we have of week on/off.

I don't think the ex would try and change the arrangements as would change her relationship with the boys.

Then again as you said things/people change.

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Post #7609 by danno77 on March 25th 2008, 9:06 AM (in topic “Capacity to earn?”)

Capacity to earn?: Some good points

Hi Everyone.

Thank you for all the replies. Much appreciated. Some food for thought.

Mike T. - No we only have verbal agreement but kids have been week on/week off from day 1 and I have paid the CSA amount religiously via chq every fortnight.We also go 50/50 on all sports/school costs etc. I have chq records of all these too.

After 10 months or so I am hoping that a precedence has been set.

I originally was just going to sell the house, Split proceeds and move on but my sons have told me a number of times that they want to stay in the house if possible. Hence my offers to ex over last few months.

I paid off the house about 5 years ago and now only have a new smaller mortgage for a pool that she wanted and new car for her.

I received an Easter phone call from her and she is now wanting me to pay rent to her because I pay such a small mortgage and she pays over 3 times that figure in rental. Actually probably only double as she is getting rent assistance. I did some investigating  on this and saw cases where women in my position (In family home) have only had to maintain mortgage/rates repairs etc, so I am following that line.

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Post #7417 by danno77 on March 20th 2008, 4:09 PM (in topic “Capacity to earn?”)

Capacity to earn?

Hi.

My ex and I separated in May last year. She had just graduated as a high school teacher after 12 years at home with kids and Uni study. She got a contract for 6 months but quit after 2 months saying it was too hard. She then began relief teaching which paid quite well (around $280 per day) Again, too hard. Her excuse is that it takes her away from quality time with the boys. Says was busy all week-ends getting class work ready.

She now works part time in an office (2 - 3 days a week).

I am currently trying to pay her out to keep the family home (I live in it) but with the amount of cash she wants I cannot secure a bank loan of that magnitude due to my current CSA payment commitments. I currently pay her over $200 per week as her CSA earnings are currently $0.00 as she only earned Mar- Jun in last tax year. The difference is only around $50K on cash I offered. I offered her extra 90K Super to compensate but refused as she just wants cash.

My question is about her capacity to earn as this affects my ability to get a loan to pay her out. A 1'st years High School teacher's wage is $49K and her CSA currently sits at $0 earned. I believe she will be lucky to earn $25K in this office job.

The ex told me she has rang CSA and found out when the new laws come in July my payments will reduce to $107 per week and I can afford to pay her out. It still will be a struggle as rising Interest rates will hit again as will higher market value. I did the new calculator and that shows she is estimating around $30K earnings. When I put in $49K my CSA drops to $53 per week. I believe I can then get loan and own the house with CSA @ $53.00 per week.

I have read the rules and am worried she will beat me on the unwilling to work criteria. She quit so soon on becoming a teacher can she say that is not her career path and office work is?

As for caring responsibilities  - the boys are all in primary school and when she taught (briefly) she had no problems either picking them up or they went to after school care for perhaps 1/2 an hour.

Does anyone know whether it is worth trying to lodge a capacity to earn or am I just wasting my time?

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