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Post #8868 by wa on April 30th 2008, 8:27 PM (in topic “Adult Child Maintenance”)

Adult Child Maintenance:

Testing One-two

You are spot on; so much "bad publicity" has occurred and still happens at an alarming rate!

The Ex is extremely manipulative; you would be amazed at what the children tell us!

The posts on this site have all been really helpful.

As I said previously we are happy to pay child but not mother; seems like payments to the child are quite likely - fingers crossed.

Will keep you posted on developments with the FMC.

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Post #8843 by wa on April 30th 2008, 8:57 AM (in topic “Adult Child Maintenance”)

Adult Child Maintenance:

Thanks for that.

Eldest D does work on weekends (to pay for clothing etc… isn't this what the child support is for?)

Unfortunately the Ex cries poor and daughter is happy to pay for clothing - even necessities (everything except for school uniform which we pay for).

Will we be able to pay for adult child maintenance directly to daughter?  Hubby would prefer it to be this way.

Anyway it is good news that it is not as rigid as child support.

The Ex seems to think it is the same payment until daughter leaves uni. Which it can't be given our agreement terminates when eldest turns eighteen.

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Post #8792 by wa on April 29th 2008, 1:36 PM (in topic “Daughter wants to change residence - variation in court orders?”)

Daughter wants to change residence - variation in court orders?:

This happened to me with my son at the same age (he is now 17 and has fabulous relationship with both biological and step parents.)

He went to counselling at the time. I wanted to make sure it was what he really wanted. In my experience at 12, although they think they know what they want they do not realise the implications and the effect it inevitably has on all of their relationships.

I'd suggest you find a good counsellor and offer this as a way for her to be sure about what she wants. It will also show her Mother that you are serious about taking your daughter's wishes into account. She should not object if her motives are the same.

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Post #8779 by wa on April 29th 2008, 12:29 PM (in topic “Adult Child Maintenance”)

Adult Child Maintenance

Has anyone had any experience with Adult Child Maintenance?

My hubby has an agreement with ex which was made 7 years ago (see previous post re changing agreement when new legislation comes into force).  The ex will not enter into new agreement, so we are planning on going to the FMC in an attempt to get the original agreement set aside.

The ex has now said she will be applying for adult child support when eldest turns 18 and goes to Uni - she reckons our liability to HER (mmm… not girls) will stay the same until the eldest finishes Uni.

Currently we pay $2,600 per month plus $1,200 school fees. Our proposal to ex was to pay her the new amount from July 1st ($1,800 per month plus $1,200 month school fees) and to put the difference ($800 per month) in a trust for THE GIRLS to use as they seem fit when they leave school.

Under the new scheme our liability reduces because we have the girls half of the holidays and every alternate weekend.  BTW ex is now working but we cannot get any details of her income so have used the estimator using hubby's income and entering ex's income as $0 - this is how we got the $800 difference, this may be more when her income is factored in.

The CSA have said they can only assess cases until child turns 18 or finishes school and that Adult Child Maintenance comes under the jurisdiction of the family Court. Any advice would be appreciated.

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Post #6882 by wa on March 10th 2008, 10:08 PM (in topic “Change in Child Support”)

Change in Child Support:

In my experience only your ex's income and not that of her partners will be taken in to account in any CSA assessment.

Legislation states that you and your partner are the only ones responsible for any children of your marriage and regardless of income provided by your ex's new partner.  The 5% used in asessing contact costs is 5% of your child support income, so if you pay more than 5% of your child support income you may have a case to get a percentage of this as a deduction to your child support liability. This can get messy as often the CSA will ask you to provide receipts to show your costs to excercise contact, they will often need these for a long period before they will change your assessment.  Usually they will suggest this is done AFTER the contact has taken place and under the rules of change of assessment.

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Post #6875 by wa on March 10th 2008, 9:25 PM (in topic “Confusion re child support agreement made 6 years ago7”)

Confusion re child support agreement made 6 years ago7:

Great Thanks.

It looks as though I will still have to go via the FMC and get them to make a departure from the original agreement, so it can be replaced by a transitional agreement that uses the new legislation (and both incomes to determine my new liability).

I will keep you posted…

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Post #6871 by wa on March 10th 2008, 8:49 PM (in topic “Capacity To Earn in Retirement”)

Capacity To Earn in Retirement:

Greebo,

Just read about your situation, good luck at COA conference tomorrow - should you not have been given more notice, my wife has had several COA conferences and is sure that

you have to be given notice to prepare etc….hang in there.

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Post #6863 by wa on March 10th 2008, 7:28 PM (in topic “Confusion re child support agreement made 6 years ago7”)

Confusion re child support agreement made 6 years ago7:

I agree that I have shown a capacity to pay (still have not been able to buy a house in Sydney because of the wealth destruction event that my divorce produced, and as a result of the amount of child support I am paying, as well as school fees, extra tuition etc.).

I thought the whole idea of the new legislation was to make both parents accountable.  The new legislation recognises that high income parents are paying more than the cost of children and this has been the case all along. All I want is it to be fair and equitable and my ex to contribute to the costs of the children.

I have asked myself what I would have done if the new changes meant an increase and not a decrease in my child support liabilty.  I would have undoubtedly been done over again but it would depend on the analysis and the thinking behind the change.

I am baffled as to how any reasonable person would seriously believe that my ex cannot bring up two girls. when she receives $3,600 per month from me to support them (this figure includes school fees, blah blah blah).

Thanks anyway.

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Post #6840 by wa on March 10th 2008, 2:03 PM (in topic “Confusion re child support agreement made 6 years ago7”)

Confusion re child support agreement made 6 years ago7:

Spent the morning on the phone to the CSA, SSAT, FMC and finally the lawyer who assisted with the original agreement.

All have said it will need to go to court and that it is unlikely that any changes will be made due to the fact that I have shown a capacity to pay.

This seems grossly unfair, especially as I would not have signed an agreement if I had known changes would be made to the legislation 6 years later.

Will keep all informed.

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