I agree with SPCA, time is of the essence here, and although by now the matter might have been heard anything that can be implemented to support the father continue to achieve his goals is absolutely necessary. I guess from now on it might be a good idea for Dad to be as proactive as possible with regards the difficult journey that may be ahead of him. Hope the outcome was at the very least favourable.
Hi Taylor, having read your post I am not sure what you are really after when it comes to opinions and or advice. I think that if money is paid into a business account and not actually nominating a specific wage structure for an employee or otherwise, then I agree with section 72A. On the other hand, I suppose you cannot expect the Real Estate Agency to get involved in your personal business, however in some way it is still you earning an income of sorts from your only source or another source. The legalities in this matter might be better explored, and I think if what you have stated re the Ombudsmen's comments are correct then I would pursue that line of negotiation and see where to from here. (It seems like it might be your best option at this stage perhaps)
With regards to the information you have shared there are a few anomalies for the readers that might lead to further questions especially if you were going to pursue legal action: * Is this money the only income you earn? You have not mentioned anything in relation to this, and from my experience CSA will target the wage of the parent concerned. * As stated by you:"Before issuing the notice, the whole of the debtor's financial circumstances must be considered." …. have they done that? you have not said. CSA and DOCS are government department who do not work with emotions, they are machines with a job to do, and that is what they do very well.
It might be of some advantage to you to seek legal advice, and there are some members on FLWG who might be of more assistance to you in that area.
Hi Loco, that's a very good question, and It might be that you require legal advice on the matter if it becomes an issue. Have you asked the other parent how she feels re this, and are you able to discuss the matter perhaps? Morally you could say you have met your obligations to your daughter, however I have noted that for you its not really about the money and you are willing to support her regardless.
With hindsight I would take the path of least resistance for all of you because you are fast reaching the point where your daughter will be making her own mind up if she isn't already, and it might be that one day she will thank you for supporting her….just a thought, and the less stress the better.
Child support after 18 - ex gives wrong date for lat day of school:
Hey Loco, sorry you may feel that I suggested you may not look after your daughter after she has turned 18, and that you may also feel that I have been judgemental, quite the contrary. I was only referring to the legal obligations that are placed on parents due to post separation and supporting the children involved. As I said there may very well be other situations that are not covered in your original post which you have now shared, so I did not assume on your behalf. I agree with you with regards to the ongoing support for our kids, I guess that is our job as parents, and coincidentally I still support my eldest son so he can further his studies, he is 44.
Child support after 18 - ex gives wrong date for lat day of school:
Hey Loco, I hear what you are asking, and if you have been a long term client of CSA I can understand the frustration of having to part with your hard earned money beyond the use by date, and there may be other thing in the mix for you as well unknown to anyone else. Try to look at it this way, if you can leave the negative thoughts out of it, it has always been for the benefit of your daughter for her start in life, and by the sound of things not much longer to go. When all the dust has settled she just might thank you for it one day, and if she does you might not be too worried about the cost and time…just a thought.
Can I just mention through a hypothetical scenario, You have been seeing a psych and have the evidence to support that. You mention this support was required because of the bizarre behaviours of your former partner. Now I am not sure if you mentioned your former partner has been seeing a psych or not, but if she had her story could mirror yours through her psych…he said she said stuff. Not much progress would be achieved until a decision would be made by the Judge and only after a considerable time in court I would imagine. I have to agree with Swambo's final comment mate, although you have to do what right for you.
I am hearing you, and having some experience in the area you are not the first person I have heard say that the family report writer got it all wrong. The quals for getting into the family law court system are of a high standard, however I am of the opinion and belief that Life Skills go a long way to making a person in authority a more understanding clinician. Do you have legal advice in this matter as well as evidence perhaps to support your claim for the psych examination.because it can be difficult at any stage within the system to get prompt results whether in your favour or not. Sometimes solicitors can establish the best course of action for their clients which just might get you in the front door sooner rather than later.
Hey Novantic it certainly is not easy being a parent, and to think when two people get together and have children, and then the stuff hits the fan and it all falls in a great heap. What is it that happens after a man and woman decide to have children that makes one parent suddenly want the other parent to be the best there is after separation???. I agree with Swambo, there has to be a valid reason/s, and if there are you would need to convince whoever concerned your actions and responsibilities are in the best interest of the children. Unfortunately there are sooo many cases that I am aware of where it is suggested a psych review among other things, be conducted just for the sake of getting back at the other parent , and in addition trying to discredit the other parent to prove one is right over the other. If the children are in an unsafe environment then absolutely, do what has to be done.
SHOULD CHILDREN DECIDE CUSTODY? The subject question is indeed something that parents need to give very careful consideration to. Family dispute mediation does offer parents the opportunity to have child inclusive mediation, however there is always a for and against with this option depending on the motives of the either or both parents. I definitely feel that to allow children to make the call re their future, there are many major considerations that need to be explored, however I will just mention a couple that I feel are important. Age appropriate comes to mind, there are some things that children don't need to decide for obvious reasons, and their best interest have to be put first…That is a parents responsibility only. The other concern I have is that the parents could be taking advantage of the opportunity as a means to get what they want. This is usually achieved through persuasive coaching and or bribery, not in the best interests of the children. The above post does cover the subject in more detail, and in my opinion puts forward many important issues that need to be considered.
In a nutshell I agree with the post, the children are put in a difficult position of divided loyalty to the parents with potential detrimental results that may impact their future if they are asked to make a choice between the two important people in their lives, Mum & Dad. On the other hand, at all times Duty of care and Risk assessment has always got to be taken seriously, and may be the over-riding factor at the end of the day.