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Non paying father and CSA V's SSAT

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Hi,

This is my first post in this forum as I have been searching the internet for some questions and am hoping I can get some advice here.
To cut a long story short my ex is appealing through SSAT that he should not have to pay CS.
Since 2009 he has not seen our son or paid anything for him and has been forcing these non legal agreements on me to sign that relinquish his rights and obligations to him. Last year upon hearing I was due to have my second baby with my new husband he started to demand money from me $10000 to stop him from seeking custody of our son he has not seen. ( I agreed if he just signed the custody papers) After seeking legal advice he then drove my legal bills through the roof with self litigating. Since I have now failed to pay him this money he is seeking visitation and is still disputing that he has to pay CS through CSA?
I really cant afford to spend more money on legal bills to have himself litigate and run me around for a few more years when all I want is proper custody papers for my son so he cant just walk in and take him from me,

Does any one have any advice?
It is unlikely that the CSA would let the other parent get away without paying unless there was a genuine reasons why the other parent shouldn't pay. That is assuming that you have gone to the CSA. If not then you should apply to the CSA.

Perhaps an alternative to litigation could be to come to an acceptable agreement. Certainly it is quite likely that the best interests of the child would be served by having a relationship with both parents. Another alternative would be to also self represent.

Thanks for your reply.

His only reason to not wanting to pay child support is he is "relinquishing his rights" yet through the family dispute centre he is claiming he wants to be a part of his life? I have attempted to reach an agreement but he just runs around not saying what he wants.

He is also a top earning barrister who "claims" to be only making $42,000.00 a year while he is also working as a lecturer and arbitrator.

I just cant help but feel like I am hitting my head against a wall with him.

To cut a long story short my ex is appealing through SSAT that he should not have to pay CS.
Appealing on what on what grounds exactly?

. Last year upon hearing I was due to have my second baby with my new husband he started to demand money from me $10000 to stop him from seeking custody of our son he has not seen. ( I agreed if he just signed the custody papers)
You really agreed to give him 10k in exchange for his parental rights..??

I really cant afford to spend more money on legal bills to have himself litigate and run me around for a few more years when all I want is proper custody papers for my son so he cant just walk in and take him from me
There is no such thing as 'custody' papers. As you cannot reach an agreement then the only way to get any paperwork, which would outline parental responsibility (ie court orders), would be to file an application for orders through the court. The court will consider your child's rights, first and foremost. Have you and he attended mediation?.
"quick reply" he is appealing because he wants to relinquish his rights

Yes, I agreed to pay him the money to end it and to get the court papers approved so I had a legal copy of our current parenting arrangement.

Sorry wrong use of "custody papers" I want the court approved agreement for our current situation.
You can rest assured that the SSAT will not rule that he does not have to pay child support. He can't relinquish any rights as he has none to start with and because he is a biological parent he has an automatic legal responsibility to maintain his children. Even if you have sole parental responsibility he may still have to pay child support.

It's more likely he SSAT will deem his income higher than he claims and make him pay more child support.

I would not be fussed about anything you signed about paying him any money - how does he propose to enforce the agreement?

He hasn't been in the child's life so will not get any significant care in a hurry if he goes through a court.

I think you mean by custody papers getting orders by consent from the court.
Sorry wrong use of "custody papers" I want the court approved agreement for our current situation.
How many mediation sessions have you had? At some point if looks like no agreement can be reached between the parties, then the mediation center will order a certificate. The certificate will allow either of you to lodge the application for a court decision There is no legit way to force someone to make an agreement, if they don't want to.

He cannot relinquish rights through the CSA or SSAT, wouldn't stress about that.

Depending on your circumstances (if you are on a government benefit or not) then you can decide not to claim child support or you both could make a legally binding agreement for a different amount. This may make him happy and may make him agree to sign the consent orders you want.

However, even if he signs the consent orders you want, he can apply to the court to have them changed down the track. There is no 100% way of guaranteeing that your 'current situation' ( ie that he doesn't see the child) will last even with consent orders. In circumstances where there has been violence and criminal acts carried out against a child (as in my case) a magistrate may order no contact (even under supervision), but it is rare that happens and there needs to be good reason.

As he is telling FDR that he wants contact, have you offered to let him see his son, perhaps supervised at a contact center? It maybe be one way of gauging whether or not he really is wanting to see him. If you arranged it and he didn't show, well then that could speak volumes.
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