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My ex has a zero income and he (as csa has searched and has found) has no government payment. I raise the children with the help of my new husband and receive just the minimum. What options are there.

Hopefully this can get onto the forum for someone to help me?

My ex has a zero income and he (as csa has searched and has found) has no government payment. I raise the children with the help of my new husband , who pays csa to his childrens mother, plus helps me raise my children. Csa can only go on the information that my ex tells them. I respect that. But $356 per year for more than one child???  Yes my ex owns cars, a house, etc.

Is there anything possible i can do?

exxy
Has anything changed since your last post which was basically the same, other than you are now saying that he pays $356 per year?

Perhaps you could consider hiring a private investigator.

If you believe that the other parent is working, then you perhaps get the ATO to look into his matters.

Perhaps another alternative would be to let the other parent pay by trying to him to have more care of the child. Perhaps this could have a two-fold affect, in that it could free time to allow you to work/work more and earn more. That's assuming that the issue is financial and I apologise if the issue is not.

WOW!

WOW…..

lets just tell you, (since you think you know everythink!!) after a judge in the magistrates court ruled that my ex husband was not allowed any access to his child/children…. also their address and phone number of where they lived. That limited things. Already hired a private investigator last year. Thats how I know he has titles of house in his name owned outright. (Not stupid!) Also I do work and full time. As I have for the past 11 years supporting my child/children. Yes I am remarried and yes he also works. Also I and especially (obviously) my children have been abused terribly by my ex husband. Should I give up?

exxy.
Maybe you should "give up" on the plan to make ex pay financially and put your energy into your children as no amount of money is as important as a single life, especially the life of a child.

reply by exxy

I must not be saying things properly… so here goes…

I was divorced 11 yrs ago (child/children young) Always worked full time to support them myself. sometimes two jobs. in years advanced met someone and got remarried. All the time no child support paid by ex husband. New husband helped raise my child/children, mentally, financially, and in the only father figure my child new was correct. My HUSBAND now (that I have been married to for years)  pays cs to his ex partner of over $600 month on time every month.

I am owed money in arrears (cs) from my ex husband. who has ceased work over the last four years and claims he has no income from wages. So cs have no option as they have done numerous searches for a dole payment etc. they have no option but to put his cs assessment at a minimum of $356 per year for child/children.

Is that clearer??  exxy
Exxy The CSA have full investigative powers if there is any evidence of income when it is not declared. They seem to be fairly active in this area looking at what is being collected currently in over dues. You say there are arrears but it reads as if these are not CSA arrears but owed directly on some other arrangement. My partner was in a similar position getting no money for child support of any significance and raised her child alone. Any amount of angst will not get you any money and just make you even more disappointed and unable to focus on the real issue of the kids. Leave it with the CSA. If they cannot get anything for you then I would suggest you accept that you won't be getting any funding to assist you. It sounds like you have had 11 years so far without help from your ex who has no contact. Where one parent does not want to contribute then you are left on your own and with (in this case fortunately) a new partner to help out. Perhaps his approach has been that as there is no contact he won't pay or is not going to pay for a service not provided (Being time with the kids). If you can establish the underlying reason that may unravel things further

Executive Secretary - Shared Parenting Council of Australia
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I need advice.

I am now as frustrated as i have gotten over the past 11 years with dealing with cs. My ex partner has zero income. There are no other dealings with financial arrangements eg. school fees. dentists. doctors (1 child cf, the other developmental delay) etc…….

he has held his arrears to a minimum of $$$$356 per year for two children!! I have and my new husband of 8 years raised the children plus all the counselling which I will not give you a quote on. Thank you.

I only thought that someone on this site could give us some useful information as to how to help us. As we are farmers going through hard times and thought that as csa has finally found a finacial bank account of my ex that he could finally provide for some recovery of the mental anguish he caused my children and myself.

TOO MUCH TOO ASK I SUPPOSE.

Please hop off you high horse!

We can only respond to what we read and sometime that means we may have misinterpreted what you said and/or intended to say. We won't know we have misunderstood what you said until you tell us.

Now to your situation as I understand it You ahve sole care of you children because of court orders made after a contested hearing where the court decided the father's further involvement with the children would put them at risk in some way (the way doesn't matter now). You have worked your but off for the past 11 years supporting your children and yourself. Along the way you were lucky enough to meet some lucky man who is now your husband and beside loving him he is also a responsible dad both to you children and to his children of a previous relationship because he pays his ex significant child support. You are also at your wits end because for some reason we don't need to know things have become even tougher for you recently (it might simply be the kids are older and older kids cost more - but that isn't relevant here). You desperately need some assistance, preferably from your ex because that is his responsibility.

I also suspect you are very frustrated with CSA because they don't seem to be able to do anything. You are also annoyed that the CSA has decided he is only required to pay chicken feed and they can't even collect that.

Some suggestions and a reality check, CSA will usually only look if they have an idea where to start looking, they don't have the resources to send investigators out to follow everyone for a few weeks.
You mentioned they have bank account details, useful, and CSA are usually willing to take money directly from a payers account to meet arrears (but only after following their due process)  but the reality is they are not allowed to take all the money and they can only take money if there is some in the account. Iam also aware that that the CSA is very limited in the enforcement action they can't take when a payer is in receipt of government income support. I also recall you saying your ex is on income support but has been assessed to pay the minimum. I am uncertain what the limits are in relation to the enforcement action CSA may take where the payer has been assessed at the minimum rate.

So unless you have some more information to assist the CSA there isn't much they are likely to be able to do in the short term.

A ray of hope for you - quite recently the CSA took a father to court over significant arrears. The CSA sought the father's house be sold to pay the Child Support arrears and were successful, with costs as well.

If you wish, I believe that you are also entitled to initiate court action to recover the arrears in child support.

You have probably already read it, but here is what the CSA's summary of the enforcement action they can take.
see http://www.csa.gov.au/ParentsAndCarers/collectionAndEnforcementMethods.aspx

Collection and enforcement methods

Where there is little or no evidence of a parents commitment to meeting their child support responsibilities or where there is evidence of fraud, we rely on enforcement activities to ensure we achieve the best outcome for children, parents and taxpayers.

Employer deductions of arrears

A paying parent can choose to have their child support payments automatically deducted from their pay on a regular basis, which can be really convenient. However, if you refuse to pay your child support or enter into a satisfactory payment arrangement, we will ask your employer to make child support deductions from your pay.

Enforcing tax return lodgement

We work hard to ensure the incomes we use in child support assessments are correct. We work closely with the Australian Taxation Office (ATO) to improve the rate and timeliness of parents tax return lodgement. This ensures child support calculations are more accurate and it reduces the number of assessments calculated using default incomes.

For the 200809 financial year, all CSA parents (not just paying parents) must lodge a tax return unless their taxable income was less than $18,808 and they received an Australian Government pension, allowance or payment for the whole financial year.

Intercepting tax refunds

Most child support parents are Australian taxpayers. The ATO advises us when a tax refund is available to a child support parent and is about to be paid. We may take the refund and apply it to meet an outstanding child support payment.

Intensive debt collection

We are extending our intensive debt collection activities to target an additional 22,500 parents per year. We plan to intensively manage more parents who have outstanding payments that have proven more difficult in the past to collect.

Issuing overseas travel bans

If a paying parent has overdue child support and refuses to work with us to pay the overdue amount, we can prevent them from travelling overseas by issuing a departure prohibition order (DPO). A DPO is an administrative order that we can issue to prevent parents from leaving Australia until they pay their overdue child support or negotiate a satisfactory payment arrangement. We dont need a court order to prevent a customer from leaving Australia.

Litigation

Where other enforcement methods havent worked and where an asset or income stream is identified in the customers name, well take parents to court to collect outstanding child support payments.

Optical surveillance

In our more serious cases, we may also use optical surveillance to help us investigate complex avoidance arrangements.

From 1 July 2008, CSA will trial covert optical surveillance in a limited number of serious cases where there is a suspicion that a parent has committed an offence under child support legislation, such as providing false or misleading information in relation to their child support case.

The trial is set to run for 12 months.

View more information about optical surveillance.

Prosecution

This step is available to us for the most serious actions or omissions involving criminal behaviour by customers and employers.

Minimising income to increase or decrease child support payments

We match data from other sources and act on tipoffs to identify customers whose income does not match their lifestyle. We then undertake financial investigations to ensure that parents are paying and receiving the right amount of child support. If you are minimising your income, we can find out about it and you may be required to repay child support.

Areas of income minimisation we are investigating:

  • either parent earning income in the cash economy, for example cash in hand from the building, domestic help and other industries
  • parents earning their income as nonsalary and wage, for example business income
  • using corporate veils (companies, trusts, partnerships) to hide or reduce taxable incomes that results in minimising child support obligations
  • parents who legitimately reduce their taxable income and fringe benefits; we can add these amounts back on to establish a more accurate child support assessment.

Economic Security Strategy Payments

The Government is providing the oneoff cash bonuses to stimulate the Australian economy.

The Child Support Agency will not be proactively targeting these payments to recover unpaid child support.

CSA will however continue to undertake normal enforcement activities where Section 72A notices are in place on bank accounts to recover unpaid child support where no payment arrangements are in place.

That is, where the bonuses flow to bank accounts for paying parents with outstanding child support liabilities and where CSAs bank account garnishee powers are already in place or are applied at a future date as a result of business as usual enforcement activities, the tax bonus payments and any other monies in the account may be subject to the garnishee provisions.

The Child Support Agency generally uses its powers to obtain funds from bank accounts only after discussion and negotiation with the debtor has failed.







Hope this helps






For me - Shared Parenting is a Reality - Maybe it can be for you too!
exxxy said
lets just tell you, (since you think you know everythink!!) after a judge in the magistrates court ruled that my ex husband was not allowed any access to his child/children…. also their address and phone number of where they lived. That limited things. Already hired a private investigator last year. Thats how I know he has titles of house in his name owned outright. (Not stupid!) Also I do work and full time. As I have for the past 11 years supporting my child/children. Yes I am remarried and yes he also works. Also I and especially (obviously) my children have been abused terribly by my ex husband. Should I give up?

What did the private investigator find?

One's home, I believe is pretty well protected, thus expecting that to be sold, is very unlikely. The Child Support Assessment act includes wording along the lines of it being a higher priority that a person supports themselves, hence things such as the Self Support Amount, which is deducted from a parents income.

You say the other parent works, then to say this as fact, you must know who the other parent works for, or whether or not they are self-employed. Has that information been passed onto the CSA? If so what was their response?

How many and how old are the children?

Approximately how much do you earn for your full time employment?

Is the other parent in a relationship?

Your last question, should you give up. I doubt it, I myself weighing up the factors, some of which aren't too dissimilar to yours; e.g. I have primary care, I work full time, the ex has a car and works and doesn't pay CS, have not given up, but see the benefits of excluding CS and thus I have no intention of chasing for CS. That's a personal thing and also based upon the fact that I have been on both sides of the fence and know full well, how vastly over inflated CS can be, even when the other parent is working. I don't believe that after 11 years that your attitude is going to change that easily, so I don't think inside you, you could accept giving up, even though to accept as such could perhaps have benefits in that you would be, as is so often said, "over it". You'd likely have to get into thinking that it wouldn't be giving up, rather that you would be moving forward.
Hi Exxy Have you put in a change of assessment CAPACITY TO EARN for your ex in with the CSA look it up on the CSA website , its in the guide , they can do something if your ex can work and is choosing not to .
…and then they can fail to collect a larger amount for you. But who knows, I have seen people who finally start getting their money after the kids are like 25, because unless you agree to wipe his debt, it's there forever.
SS - it's not there forever if a successful departure order application is filed. Exxy would be better off doing something about it now, otherwise later on a court would probably not take the case very seriously.

Child support

Hi there

We are in a very similar situation. I have three children who the ex has not seen for two years. When he worked his CS was taken from his wages and paid to me. The ex was made redundant last year and received a large redundancy (+40yrs at the same company) and was able to access his super. He promptly rang up CSA and told them he was on zero income. Initially they told him that nobody is on zero income, but reduced his CS by about $1400pm

When he filed his tax return, it showed that he earned over $70K that year, and CS then adjusted back up. He then rang up and told them that he was on zero income again. CS dropped down to the previous amount, but before they could offer him the minimum an objection was filed. The objection serves to have the matter reviewed, and the amount payable cannot drop until the review is complete.

A COA has also been filed under reason 8. There are arrears on the account, he does not pay unless he absolutely has to. At this point in time I am working to have the required CS set to a reasonable amount to look after 3 teenagers. I have been unemployed for 6 months and my current husband has been looking after me and the kids on one wage. The ex has contributed very little. I am not eligible for centrelink payments because my current husband works.
Even though he received a redundancy he is unemployed so his cash flow is very low and he would be entitled to lodge and estimate as his tax return reflects past earnings and not present or future earning.

If you cannot receive any Centrelink benefits due to your current husband's income them he must be earning a lot more than your ex husband.

Maybe you should the ex to start caring for the children and therefore meeting some of their costs directly? or do you prefer him to be your cash cow?

Child support

OK, fairgo.

The ex husband indecently assaulted one of the children. If you think that he is a fit person to have them then maybe you are thinking along much different lines than me. When you are lying on your kitchen floor covered in bruises that your ex put there we can discuss again on a more level playground who should be the cash cow.
When the income of a person goes down they are entitled to a lowered child support. This is just the way it is. Move on and accept what can not be changed. Ask for a reassessment if he again is working as it is not possible to get the impossible. You have the kids, so you have the best already.
grakat1 - that's very unfortunate that you and your ex engaged in domestic violence. Given that many men commit suicide from this type of abuse you were very lucky to only suffer bruises.

You have been unemployed for the last 6 months so you should be able to understand where your ex is at, although you do have another partner supporting you. Does he have anyone supporting him?

If you were still together and both unemployed you would make the most of your situation and a lowered standard of living would occur for everyone. This should not be any different when apart.

There is such a thing called forgiveness. No-one is perfect. Maybe he would like to have a relationship with his kids. Then he might feel more motivated to contribute to their costs.

Child support

Hello Fairgo

I am not the one who engaged in domestic violence. My current partner and the ex were the ones affected by domestic violence when he chose to beat her up repeatedly. I would never lay a hand to my partner and never will, and I have little time for those that choose this path.

Sorry if I created any confusion or misunderstanding.
you have confused, from what you have posted I cant even work out the basics

grakat1 said
I have three children who the ex has not seen for two years….

…I have been unemployed for 6 months and my current husband has been looking after me and the kids on one wage….

…My current partner and the ex were the ones affected by domestic violence when he chose to beat her up repeatedly. I would never lay a hand to my partner and never will, and I have little time for those that choose this path….

 
what i make of all this: your 1st husband was the wage earner earning decent money, things went bad and violence was involved and you separated.
you now have a new husband who is also the wage earner.

then your last statement, you state your partner (your new husband) and his ex were in a violent relationship, with him heating up his partner repeatedly.
you then say you would never lay a hand on your current husband.

my advice before even thinking about child support and money would be to think about talking to more people about trying to break the cycle of being with violent men
Grakat1 may explain the dynamics of the relationship further. Not quite as how you have interpreted it wednesday but I can see how you have interpreted it as you have. 

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
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