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fighting csa to reconsider a terminating event

Hi there.

I need some ideas on what basis to form an objection to the decision on CSA's part to declare a terminating event because my ex husband, after being shown to have deliberately left his employment under grounds of stress, then moving to Qatar which is a non reciporcating country for purposes of child support only to work in the same field.

He applied for residency in Qatar for the purposes of taxation and so CSA have declared there is nothing furhter I can do unless I object. On what grounds can I object?

Hope someone can help me please.

LYF
LYF.

I don't think there is anything that you can do unless the relevant authorities in Qatar take action. I don't think an objection would do anything either as I understand that the legislation is very simple (assuming that there is no International Maintenance Agreement). The legislation under section 12 (3) says:
Child Support Assessment Act Section 12(3) said
(3) A child support terminating event happens in relation to a person who is a liable parent in relation to a child if:
(a) the person dies; or
(b) the person ceases to be a resident of Australia.
Even if the legislation said otherwise, as Qatar is not a reciprocating legislation, then it would be entirely up to Qatar as to whether or not they acted. Perhaps the only action that could would have any chance of a positive outcome would be to try to convince Qatar that they should become a reciprocating jurisdiction.
Hi thanks for that,

so assuming I have no grounds upon which to object, I could then go to SSAT, who according to the act would find the same thing. however, having exhausted all possibilities, can I then go to court and have some sort of debt raised that is binding for when he does come into the country again.
I would also like to know whether his Super. which remains in Australia is accessible to me through the courts if that debt is established or is not accessible because ot is not considered to be property.
Basically now, do you have any ideas on the avenues I have to try to get some assistance for my kids

appreciate you fast reply to my first question..thank you

LYF
LYF.

I don't think you could do anything in regards to super through the CSA as there is now no assessment and therefore no ability to try for a reason 8 (a parents income, property, financial resources, or earning capacity) l change of assessment, which could perhaps have been used if the super was withdrawn.

However I don't know if there could be some means of going through court, hopefully the SRL's will comment as to whether or not this is an avenue that could be looked into and therefore perhaps unlock some of the super. I'll certainly be interested to hear what they have to say.
On reading this an instinctive (not fully considered) response is that a Spousal Maintenance application might be appropriate in the circumstances.

The Family Court has the power to split superannuation.

It also has property variation powers along with airport control and enforcement.

I suggest you run that by someone with specialist Family Law skills as an option. It might cost you around 300-400 dollars.

The Family Court looks concerningly on parents whom do not act in a child's best interests.

I'd like to know the opinion.

Good luck!

A Spousal Maintenanceapplication (Interlocutory) might allow you to obtain orders under s114(3) or s106(B) that stop him from moving the money.

It would be wise to seek advise soon as he may have a strategy to move these funds beyond the jurisdiction of Australian courts.

One imagines that the amount of CS is substantial for him to go toa place where financial events are affecting the people and the economy?

What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha

Earn your own money, stop viewing father as cash cow

Madam.

I'm not certain of the circumstances surrounding your marriage, and separation; it seems you are more concerned in exacting some kind of revenge via the CSA in financial terms from your ex-husband.

Tens of thousands of Fathers in our society are abused and wrongfully dealt with because the bias is directed at viewing males as cash sources.

What about the relationship between your children and this man-he is driven to seek residence in different country because he cannot possibly survive here with the CSA hounding him.

You no-doubt have the house, and most of his equity in this. Be content and get on with your life.

Too many women are becoming vengeful harridans, using the CSA as their personal weapon. Fair play, and respect for Fathers!

Child Support

The father is behaving in an apalling manner. Have you contacted legal services for assistance? living overseas does not absolve your ex-husband from his duty to provide financial support for his children. Pursue your application through court and hope you get justice.

LYF

MikeT said
LYF.

I don't think there is anything that you can do unless the relevant authorities in Qatar take action. I don't think an objection would do anything either as I understand that the legislation is very simple (assuming that there is no International Maintenance Agreement). The legislation under section 12 (3) says:
Child Support Assessment Act Section 12(3) said
(3) A child support terminating event happens in relation to a person who is a liable parent in relation to a child if:
(a) the person dies; or
(b) the person ceases to be a resident of Australia.
Even if the legislation said otherwise, as Qatar is not a reciprocating legislation, then it would be entirely up to Qatar as to whether or not they acted. Perhaps the only action that could would have any chance of a positive outcome would be to try to convince Qatar that they should become a reciprocating jurisdiction.
It's now July and I have a court date tomorrow after three other court dates to claim child support from his super..thank you for inspiring me..cost me $15,000, but it is going to pay off… wish I could get the message to more abandoned spouses whose ex partners have absconded to non reciprocating countries.
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