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Child Support Debt/Contraventions/New Orders - how many application do I need?

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I have Final Parenting Orders (from May 2009). My ex-husband has technically contravened these orders on several occasions but in an effort to "keep the peace" and choose my battles wisely (for the happiness of our 4 kids) I have let some of these go. I have gone so far as to write to him outlining the contraventions and start the paperwork (a year ago) but due to ongoing family violence issues I wasn't really emotionally ready to tackle it or financially capable of just hiring a solicitor to do the hard work for me.

I am ready now and would like to do it myself and get some help from a community legal provider when it comes time to file everything to look over the particulars but I am confused on a a few things?

If anyone can offer some assistance it would be greatly appreciated.

The issues I need addressed are:

  1. Contravention(s): Main issue is I am from the US and he has refused me access to the passports and for me to travel there with the kids even though our Orders state that I am allowed to go for two weeks every year providing I give him the arrangements. I have tried for the last 4 years and he continues to tell me "the kids will not leave Australia until they are 18". I have it all by email so easy to prove. I am afraid he will go to court and say "yes, sir ok I will give her the passports" then walk out of court and say "bad luck, you can apply to the court again". There are other contraventions but this is the most important to me. Is it worth outlining all the contraventions or will I be seen as just trying to pick on everything bad? Also is there somewhere the passports can be held so that if we are legally allowed to travel that we can do so?
  2. Child Support: For the first two years following our final parenting orders being made ,my ex reported his income as $22 per year (and he would normally earn 200k+) and it was accepted by the child support agency so they informed me that they were unable to take over collection of my child support because there was no child support to be collected. I complained and complained and he continued to do this. I reported that he was indeed working (saw him everyday and he had kids booked into after school care) but they did nothing about it. His tax return came in and did report his "actual" income and I was told that it would be reconciled but it could take some time. I kept ringing and then in March 2010 they officially took over collection and while he was still under reporting his income it was at least closer to a believable amount. About a month ago I got a letter saying that his income from the beginning had been reconciled and that he owed me an amount of $8600.00. Then they told me that because they had not taken over collection of the child support (due to his fraudulent income estimates) that it was up to me to collect this amount. Can I include this somehow when I apply to the court for the contraventions because I know he has the funds to pay it but he will not be paying it willingly.
  3. Updated Orders: Due to the contraventions I would like to make our Parenting Orders more specific. Can this happen at the same time or do I need to apply for this as a separate matter?
I did ring the Family Court and I asked them and they were not even sure how to go about it. Maybe someone out there can point me in the right direction?

Thanks in advance!!
In regards the contravention
I would go for it but include the other stuff that you mention. Does he have the passports all the time and is that what the orders say?

With the other contraventions that you add, you might be able to 'adjust' the orders if the magistrate sees fit (with encouragement).

In regards child support I would first ask for information under the freedom of information. At the same time ask for a change of assessment from the CSA to see what information comes out.

Lastly, write a letter of complain to your local Federal MP. It does not matter if you are a non Australian.


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