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Shared Care, Child Support issues

I have been seperated from my ex partner for 4 yrs and have had shared care for that time, 50/50, week on week off. I deliberately stayed close to my ex partners house so we can easily manage this and my daughter (6 yr old) can have some normalcy in her life and be able to attend school uninterrupted. It has worked great up until now, she has both parents in her life and is very happy.

I have been with a new partner for around 3 yrs who works full time and I am currently unemployed. I was casually employed up until a year ago when the company I worked for almost folded and had to lay off staff. I was the stay at home parent whilst I worked casually and my daughter and I have an awesome bond, she's my world. I have no family within 600kms, she's it and I am only here for her. If it wasn't for me wanting her to have both parents in her life my partner and I would have moved long ago.

I lost 2 close family members within 12 months around the time of our seperation and it left me absolutely gutted, especially when compounded by my ex wanting to seperate. I have suffered depression from my teens, something I have tended to mask up until recently when I sought advice from a doctor and am now seeing a psychologist and have made massive head way with my grief. But over the past two days my ex has been attacking me over the amount of child support she pays me and my unemployment. She thinks it is easy to find work and since I am now long term unemployed believes I am not looking for work. Which is 100% wrong. I am currently doing a short course to get into a new field of work aswell as applying for everything and anything I can possibly do. I have gotten to 2 interviews in 12 months from hundreds of applications. Most don't even reply to say they got my application. It's gutting. I hate being without work, I feel useless and helpless. I have applied for everything from handing out pamphlets at service stations to answering phones. I feel like a burden to everybody.

My ex asked me today if she could lock in the current amount of CS as she wanted to do overtime and not have to pay me anymore, I would have been happy to do so but the small amount of FTB I get would be affected and I would lose out. Our rent has increased 30% in the past 6 months and we are battling to keep our heads above water and have only been able to do so with help from our parents and credit cards.

Since I said no to locking in the CS amount she is now threatening to get a Family Law Lawyer involved in an attempt to get 100% care of our child, all because of money. She has also threatened to keep our daughter (this week is her week) and not return her on our usual swap day. This breaks my heart, our daughter doesn't need this drama.

I am currently home alone and deep feelings of depression I haven't felt in months have crept in. Losing my child over something like this would destroy me :(

We have had family parenting draw up parenting plans but nothing has been signed off on and both my ex and I let it slide as we were both happy just to follow it. The mediation seemed to have done the job without need to formalise it.

What can I do if she keeps my child? Does my current unemployment leave me open to losing my child?
Sleepless said
What can I do if she keeps my child?
Make an urgent application to the FMC for orders and recovery.
If 50/50 has existed for 4 years the other party would have to provide some very good reasons to the Court for abrupt termination.
Sleepless said
Does my current unemployment leave me open to losing my child?
No.


SRL-Resources. the Family Law People on this site (look for the Avatars) www.srl-resources.org  Non gender Professional and peer support for SRLs. Closed site, no public forums, no search engines, no lurkers, guests or the other side and their Lawyer and Friends.
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