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[:-) Fred]

Lots of smart educated people around here have a Hypothetical

Ex-wife has car accident, writes of her car damages 4 wheel drive and Motorcyle injures drivers, rider, has passengers in her car all suffer some minor injuries,she blows .194 , still owes $12,000 on car, will likely lose job.
 Her name is on House loan for house which she still resides in along with seperated for 13months ex husband and 2 teenage kids. House worth about $30,000 more than is owed on it.
What are the possible effects on Ex-Husband and Kids Legally? Will we lose house,
Can Ex-Husband be forced to pay for legal and insurance costs from accident?

Any advice or information appreciated

[Lord Biscuit©]

Lots of smart educated people around here have a Hypothetical

Ex-wife has car accident, writes of her car damages 4 wheel drive and Motorcyle injures drivers, rider, has passengers in her car all suffer some minor injuries,she blows .194 , still owes $12,000 on car, will likely lose job.
 Her name is on House loan for house which she still resides in along with seperated for 13months ex husband and 2 teenage kids. House worth about $30,000 more than is owed on it.
What are the possible effects on Ex-Husband and Kids Legally? Will we lose house,
Can Ex-Husband be forced to pay for legal and insurance costs from accident?

Any advice or information appreciated

I don't believe the court will allow a family to be forced into selling their house over such a small amount. Of course, it depends what criminal charges there are and 3rd party insurance claims. Then there is the possibility of jail time. Payment of a fine is still likely to be pursued, so any money she makes will be subject to reimbursement to insurance/govt. That's a guess, but there is quite decent online law info like http://www.lawlink.nsw.gov.au

[hammer]

Fred, I actually spent about 3 hours typing out a bitter rant in response to the shit situation you are in - Then i came back from the loo and deleted most of it.
Having been down that shitty unpretty road - I feel for you, and I'm sorry life probably sucks right now.

All I can recommend, is get yourself a male solicitor who specialises in family law - DO NOT HIRE A FEMALE ONE!

You may ask why I'm being sexist!

The answers fairly simple - Female Lawyers are just as sexist as male ones! Any bloke who hires a female solicitor will get fucked over!!
Period!

If you're a bloke, be aware that hiring a woman to represent you in a family law situation will not further your case!

And if there's any female lawyers reading this, who are offended by that statement - HOW ABOUT YOU FUCKING GET INVOLVED, AND TAKE THE FATHER'S SIDE FOR A FUCKING CHANGE, AND RECOGNISE THAT BLOKES GET FUCKED OVER BY FAMILY LAW CASES, NOT JUST WOMWEN!
and so on....... Sorry Fred, I didn't meant to get ranty

Ignore me at your own peril

[Truckarella]

 Her name is on House loan for house which she still resides in along with seperated for 13months ex husband and 2 teenage kids.

Who owns the house?  What happened in the property settlement?

 Her name is on House loan for house which she still resides in along with seperated for 13months ex husband and 2 teenage kids.

Okay, living with the ex is cool according to the Family Court, but how domestic is their situation?  Did they go through a divorce only to end up in a de facto relationship?  Even if the property was neatly divided before, could (only example) the guy have a claim over a share of the house in the State Courts under the Property Law Act to prevent her selling it off to pay her debts? 

Yes, I realise I'm supposed to be answering it, not you.   

I take it the accident happened after the divorce, so there is no reason the guy should be liable for any costs arising from it.  The concern is that he doesn't get shafted from the house, no?  As for the kids... um residence orders?  Who do they stay with in the event of the household breaking up?

[:-) Fred]

She has been an accident waiting to happen for a while I am just grateful no innocents where killed.
All divorce papers filled in was set to file them on Monday, will still file them,

 Kids are worried about there mum of course but just want it all to go away so they can be kids.
Was planning on renting house and kids and I were going to move out but was advised this will complicate divorce and having put up with living in same house for this long have decided to persist until divorce is through.

Just hoping she will finally admit to herself she has a problem and will sign papers for divorce etc as she has refused to admit anything is wrong or different up to this point.

No property settlement or anything has been worked out because she refuses to admit anything is wrong and Divorce is only way to convince her it is over.

It is a true seperation no love, lust or convienence little talking

I was having a really good day, am surprised how calm I was when I found all this out just as I was leaving for work tonight, still feeling calm
Maybe I am in shock

But I see it that if I was seperated from her and living 5000km away it would not be my problem the only difference is distance

Thanks to all who have given advice and support and helped shatter my innocent view of the world

[hammer]

AAhhh Trucckka! I suspect that both you and I mean Le Fred No bad, And while trying to do some good!

But at the same time we have simultaneously answered nothing, as we both appear to know fuck all about the aspects of family law that might help him in his time of need.

Sadly, Le Fredman needs to hire a lawyer/solicitor (who is well versed in family law)! And He needs one urgently.
And that is the best advice We can give him.

I am sadened to have to give that advice Fred! Lawyers are NOT your Freinds! - Sadly, they can be useful in this situation.

Fred, Cheers & Beers will probably mean shit to you at this point.
But pursuing your own sanity to the point you yourself can have a satirical laugh at yourself might. One Day. I Hope!
For Your own Sake.

[Truckarella]

True dat Hammer.

I can't answer anything for him, but I am intruiged by the problem.  If we can give him any kinds of heads up for what he may be in for it would be helpful, family law is a quagmire.

[DiddlySquat]

Fred, I truly feel for you at this time. It must feel like shite. However you seem to have a fairly philosophical / pragmatic approach to the sitch.

The good news is that the sun will come up tomorrow and you and your kids will be together. Their worries are a truly good sign; some teenagers would simply go "eff off, your problem".

You need legal advice, and quick. I've been thru a lot of family law stuff but I'm thinking that this is more a criminal law case.

Whatever it is, my heart goes out to you and your kids, and your ex because she is the one that needs to learn the hard lessons.

It's also great that you could share your sitch here. You may not get too much concrete stuff from here, but I know that it will make you feel better.

Good luck and keep us posted.

[Fritz]

The bigger the cheque, the lesser the sentence.


Pay peanut, get monkey.

period.

[Fritz]

PS.

It will all depend on:

The mood of the police prosecutor on the day.
The ability of your defence lawyer on the day.
Whether the magistrate had got a blow job the night before
The time of day of the hearing.
What knob jockey is on before your case.
The size of the defendants tits
Whether the defendant wears a low cut top at the hearing.


Oh, so many variables.

[Azazel]

I wonder how Fred did?


Oh, forgot, BUMP.