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Post #44766 by littleB on April 17th 2012, 11:32 AM (in topic “Wife has taken children interstate and stayed there”)

Wife has taken children interstate and stayed there:

Fight quick and hard for relocation - do not let the new location become their 'home' otherwise you will be faced the with comment 'that is their home now and you can unsettle them'. This means you end up with costly or impossible visits and fighting from a position of weakness.

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Post #30721 by littleB on July 17th 2010, 8:07 PM (in topic “Lodging tax return & backdated CSA assessment”)

Lodging tax return & backdated CSA assessment:

Yes, I do mean October 2009.

How do I know if the original assessment was made under s.58?

Also when does 58A rather than 34A (which seems to have different timing rules) apply?

Am I reading the guide correctly which states if you lodge on time amendments are retrospective but if you lodge late they are only prospective (unless you income has gone up, it which case it is also retrospective)?


This is very confusing stuff…

Last edit: by littleB

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Post #30714 by littleB on July 17th 2010, 4:02 PM (in topic “Lodging tax return & backdated CSA assessment”)

Lodging tax return & backdated CSA assessment

Hi,

Have recently lodged the 2009 tax return via a tax agent (due date per ATO was May 2010) and now CSA have sent an amended CSA assessment for the period from the start of October 2010. Now there is an amount payable to CSA.

I thought if you lodged your tax return on time then they couldn't back dated CSA?

Any thoughts appreciated.

Thanks

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Post #15258 by littleB on August 20th 2008, 3:17 PM (in topic “So many problems - where to start?”)

So many problems - where to start?:

Hi,

Yes the emotional strain is really a big concern at the moment. We are trying to find some help in this regard but it is proving a bit difficult.

I will read up on Magellan. Our lawyer did not mention this.

Thanks

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Post #15148 by littleB on August 18th 2008, 11:31 AM (in topic “So many problems - where to start?”)

So many problems - where to start?: Update

Hi everyone,

Thanks for all your posts.

Things have been moving along somewhat (I am not sure if they are positive or negative).

In relation to the first child, the ex-wife still claims that DOCS are saying he cannot see her despite the fact that our lawyer has spoken with DOCS and they say this is not the case. We have written to the ex-wife to this effect but haven't received a response. It seem the ex is now taking advantage of the situation and is changing the child's school (without my family member's consultation) and moving them an hours drive away making his choice to either move house also or have a diminished role in his child's life. I suspect this now means we need to apply to court in respect of her breaching the consent orders.

In relation to the defacto, she has now relocated to a third State (we found this out as we requested info from DOCS in the state she went to first and they told us she has moved to another state) and is due to give birth in a matter of days. The communication has been sporadic and from the defacto's side very erratic (i.e one day she is sorry and then next angry and defiant) which is perhaps a sign of the pressure on her too and her mental history. My family member is really upset about missing the birth. I am not sure if he should go to the hospital to see the baby when it is born. Any views on this?

The moving around has made fighting the allegations difficult as he has still not been told what they are…which I find just ridiculous after 8 weeks of pure hell for him.

We have now prepared an initiating application for interim orders (including relocation) and an affidavit which we hope to lodge in the next day or so.

In the meantime the emotional strain on my family member is just massive. It is so sad and frightening to see someone you love being broken down for no good reason.

I can understand if couples don't want to stay together but it seems that the system means that the person who leaves first (or the women) are in such a stronger position and those left behind have to fight from a position of disadvantage. I am sure if my family member went and took the kids and relocated to two different states the police would be after him whereas there have been no consequences for her actions. It really disgusts me.

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Post #13752 by littleB on July 22nd 2008, 8:46 PM (in topic “So many problems - where to start?”)

So many problems - where to start?:

Hi,

Thank you to all for your quick responses.

I will join up to the SRL section (and/or try and get my family member to do so also) and look for some guidance there. I am more than happy to be upfront and honest.

I am told there is no history of violence between the parties and I have no reason to doubt that.

Given the need to move quickly are we better to get a lawyer to do the first part (ie: urgent applications etc) and then try and take it over ourselves. I am concerned it will take us a while to learn the process in order to make the initial applications etc and so more delays. Each day sees him more beaten down.

I have downloaded the Initial Application Form from the FMC and will try to draft up so if we can find a suitable adviser we will have some progress to show them. I have had him keep a diary as I have read this is a good thing to do so this might help for the affidavit.

I have also looked at the relevant state's child protection website and they have an FOI form. Would it be useful/wise to have him make such an application to see what is being said about him?

Please do send any more suggestions.

Thank you it is really appreciated.

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Post #13734 by littleB on July 22nd 2008, 6:22 PM (in topic “So many problems - where to start?”)

So many problems - where to start?

Hi,

I am sorry if I am posting this in the wrong spot but I am a bit desperate.

I need some help for a family member. I am trying to be of help but I am pretty lost and out of my depth.

His de facto packed up and left 4 weeks ago whilst he was at work with no warning. She took her own child (from a previous relationship) and their two children. She is also pregant with their third child which is due shortly.

The defacto left and there has been very little communication with her since. She has however made false allegations in relation to child abuse by my family member against her own child and has indicated she has left the state. The communications seem to range from being as if nothing has happened to lots of anger on her part. She has a history of depression if this is relevant.

My family member also has another child with his ex-wife who before the recent event that had 50:50 shared care with. She is the eldest child.

As a result of these false allegations, my family member was contacted by child protection in his state and asked not to collect his eldest child from school. Child protection provided no further information as to the allegations or when or more importantly how he can defend himself. His ex-wife has now said he cannot see the eldest child unless he agrees to supervision and to suspend the court orders in relation to her care. To be fair to the ex-wife she just doesn't want to get herself in trouble and is being somewhat cooperative.

My family member's emotional position is very fragile and he is having trouble coping. I am really quite worried. He is trying to 'stay strong' but isn't really willing to seek any help for the emotional issues.

I went with my family member to see a lawyer which provided some guidance but the quoted costs ran into hundreds of thousands of dollars. This just seemed to much and well above his means. The rest of the family is willing to help financially although he is reluctant to accept the help.

I guess I have a lot of questions but these are the ones that spring to mind first:

  • What do we do first?
  • Where can we seek help?
  • Does anyone have a good lawyer they can recommend to help with these issues?
  • Is suspending the orders a bad idea - we thought so as they were hard won.
  • How does he go about fighting these allegations - no police or otherwise have spoken with him.
  • What emotional support can we the family or others provide?
He was a very hands on Dad and devoted to his kids. So this is really destroying him. The child play a big part in our wider family and the de facto's family had very little interaction before this time.

Any guidance would be most welcome.

Last edit: by littleB

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