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Dad lost his job, the pressure from her was too much.All he wanted was to have access to his two boys. He couldn't move as youngest couldn't cope then Ex Partner moves three hours away. Back arrears of child support are extensive.

Okay, Someone please help us. My partner has payed CS which is 8,10 years ago.

I have been his partner for 6.

He went through a period where his ex put him through emotional hell & as a result he couldn't work. He lost his job, the pressure from her was too much.All he wanted was to have access to his two boys. We shared all responsibilities with her, they were 10 minutes away, so we made sure she could relax & the boys would be picked up, dropped off, fed, etc, & whenever she needed a break we were a phone call & 5 minutes away. No problem.

SXXXXXX(Name) always paid CS, & at first they had a private agreement, it all went well until the mind games began..she didn't want to see us doing okay so she started to play very emotional & manipulative tricks with us. So much that SXXXXX had a nervous breakkdown & as a result he lost his job.

He stayed on the dole for 8 months while I worked & eventually took out two credit cards to keep our heads above the mud. SXXXXX got a great job & was offered a fantastic opporunity to move to rural Victoria with a house, car, & career. The 11th hour came & the ex told us that the youngest, Tyler, couldn't handle this, he was having nightmares, he needed his dad. We scrapped the plans…the children camefirst.

All the while we are paying CS and being there day & night for those two boys.6 months we get a phone call telling us that she & the boys would b moving to Healsville three hours away!!!! She is in love & isn't that great?

We haven't heard about any more problems since. SXXXXX is a pain in the rear & she will never admit if things aren'tokay we only hear from the kids.

The thing is she doesn't need SXXXX emotionally any more because her new man is everything she could have ever wished for but she's happy to take the money.We haven't had her whinge pooronce since she whisked them away. SXXXXX only knew of the the move when she rang hin while the van was in her driveway…coward…

Now CSA is saying he owes $15,000 in back pay plus Txxxxx expenses.. BXX has turned 18 & is working. A total of 180 per week.. & we aren't entitled to a life?

This is truly going to break us, both emotionally & realistically. What can we do?

I fail to understand that a stretch on the dole can rack up a debt of that much which has now accumulated to $15000 plus pay the most he has ever payed for his children ever. It affects me as well, this means i have no quality of life, my partner, SXXXXX will now sink into a huge unhealthy spiral & we will never get ahead in life regardless of how hard we work.  :'(

Last edit: by Secretary SPCA

blackiemac - I'm sorry to read such a sad story. if any of the arrears relates to a day of child support more that 18 months ago then you can take the assessment to a court under section 110 of the child support (assessment) act. Forget about the C$A objection and SSAT processes - they take up too much time and don't usually get anywhere. They are designed to tie you up and make you give up appealing. A court will give you a fair hearing and a discretionary decision.

Just an add on to my previous post..CSA bleeding us.

Just wanting to add to what I wrote this morning. Since the ex left we have been unable to have the boys as per the family order of every other weekend, holidays, etc. They have sporting & work commitments plus our little "bomb" won't handle the all round trips from Frankston to Healesville. We have tried to be a part of their lives but the distant makes it impossible most weeks. So Stuart's care percentage is now %0. He had been paying roughly $100 per week for the boys based on his previous income. The ex has remarried, sold the family house which Stuart received under $10000 for because if he didn't accept this "generous" offer she would go for his super. She is in a very fortunate financial situation..Stuart's contribution would only go as far as paying for 1 shoe! Her tastes are high & she is extremely money driven. We feel rich if we go to Big W once every couple of months to get new socks! Stuart works hard, 10 hours minimum a day & I work 4 1/2 days. This just makes ends meet. We rent, pay our bills, loans & outstanding debts, including the two credit card debts accumulated when we were in financial dire straits but CSA says that after expenses Stuart can afford to pay nearly $200 per week which leaves us with a grand total of $100 a week to live our dreams. No holidays, new furniture,clothes, vet bills, dental, no little extras. We live like paupers while the ex with her husband continue to flaunt their enviable lifestyle. If we buy the boys clothes they never wear them because it isn't to their standards. How can CSA bleed us? Where do they get the figures for Stuart's outstanding debt? In May 2010 the debt was $11000 but they adjusted it to $15000 this month due to fees & penalties.They reckon he can afford $150 per week to upkeep Tyler plus an extra $40 or so for the debt. We just can't afford it. It is truly going to break us. They are asking about my income even though the ex's husbands wage doesn't come into account. This is a family who just spent $18000 cash on Stuart's eldest son's first car yet we are paying an ambulance bill off for him because his mother wouldn't touch it.(That will teach him for riding motorbikes while drunk at a mate's place). I'm at a loss. We are going into the agency on Monday morning so Stu's case manager can put a face to a a number. Any suggestions on how to deal with this face to face approach would help greatly. I'm scared that this will break us, we just want to live a humble life, not asking for much, just a fair go.
Thanks for your reply, I have just posted an add on so you might be interested in reading that. We are having a face to face meeting with SXXXX (Name withheld) case manager tomorrow...a very droll, cynical public servant...who could ask for more?

Last edit: by Secretary SPCA

blackiemac said
Thanks for your reply, I have just posted an add on so you might be interested in reading that.
You started a seperate topic and I have merged that material into this thread (Topic)


Executive Secretary - Shared Parenting Council of Australia
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Thanks, I'm not really savvy with all of this at the moment
I'd suggest that you go in armed. First determine what the correct CS payment should be (use the CS calculator on here to determine this, a link to the CS calculator are on the home page, note you will likely need to use 2009 as the year, but also work out CS for 2010 as after your tax return is done this will apply).

Next determine the weekly income after tax, from this subtract $308.63, this is the protected earnings amount (PEA). The remaining amount is the maximum that can be garnished without recourse to a Section 72A notice. If the weekly CS (not including payment of arrears) is greater than this (it shouldn't be as this amount (16048.76) is less than the Self Support Amount of ($18808 for an assessment starting in 2009), then you basically insist that you are unable to meet any cost of arrears due to the legislated requirement that the protect earnings amount applies unless a section 72a notice is issued (which is a notice to a third party who owes you money excluding money from employment). For the more likely situation where the weekly income less the PEA and less the weekly CS payment results in a positive amount, then you should negotiate to pay this amount but no more. Also assert, as this is the norm, that this agreement should include the remittance of all penalties.

Do not provide any details other than of the liable parent's taxable income, at this stage they have no right whatsoever to ask for anything else (I'm assuming that this is not a Change of Assessment, which is a different matter). If they do, then remind them of their obligation, as an Australian Public Servant, to abide by the APS guidelines and Legislation to perform there role within the bounds of all Australian Legislation, which is especially inclusive of the Privacy Act. Perhaps ask them to furnish you with the paperwork to initiate action for reporting an Australian Public Servant for a breach of the APS guidelines and of the Privacy Act and perhaps that you wish their supervisor to be present from that moment on.

Be prepared to assert your position a number of times. For legal purposes and if possible record the conversation but don't say that you are recording. If they ask for more simply ask them for the Act and section of the legislation in which they believe that they have the right to ask for whatever they are asking. If they refuse (likely saying they are following the guidelines or procedural instructions), then simply say that the courts do not recognise anything other than the legislation and it is under the legislation that they act and must act. If you get the Act and section then say that you will consider this after checking that they are acting according to the section of the act and then intent of the act and that you will respond accordingly in due course, as you believe they are not acting in accordance with the legislation.


Fairgo,
         do you think that's relatively good advice? Do you have anything to add or remove?
Mike - the information given is sketchy however implies an assessment extending beyond 18 months has occurred. Section 110 of the act allows for a court to review such an assessment.

Given the second post re the face to face interview I think you have given them some very sound information however if they inform the C$A they are aware of their rights of appeal, they may get a fair go.
Sorry Fairgo, I have been out. Stuart is working in the morning to keep the wolves baying for our blood so I will reply before we go to meeting if that's okay.
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