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Post #50183 by wharty on September 20th 2013, 6:52 PM (in topic “Contravention Orders - Can you recover costs?”)

Contravention Orders - Can you recover costs?:

Agog said
So you have been in the system for 15 years and what pray tell have you done to try to improve it?
I'm sorry Agog however I don't come on this forum to "sing my own praises" and tell everyone how brilliant I am for supporting a cause and I don't intend to start now just to please you.

I could ramble on about how my own situation turned into an example of wealth distribution however based on your aggressiveness, it would be a waste of time.

Enjoy the rest of your evening!

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Post #50181 by wharty on September 20th 2013, 6:12 PM (in topic “Contravention Orders - Can you recover costs?”)

Contravention Orders - Can you recover costs?:

Agog said
What a stupid and inaccurate remark.
Really? Care to elaborate as to why when there are plenty of cases pointing to this being true (Mine included!).

Agog said
Lest you forget (if you ever knew) there were massive changes in the 2006 Amendments and some people worked on these for a great many years and there were thousands of hours poured into getting the changes through legislation . BUT there was (and is) no new generation of warriors to take on the continuing struggle and many of the amendments have been watered down in legislation and by case law. 2007 and 2008 were the high water years but now the tide is getting further out.
I am well aware of this as I have been in the system since 1998.

Agog said
Bitching here about wealth distribution is meaningless unless you are part of an organization actively involved in progressive changes.
  I'm not bitching about anything.  I'm just stating what is FACT!

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Post #50177 by wharty on September 20th 2013, 9:27 AM (in topic “Contravention Orders - Can you recover costs?”)

Contravention Orders - Can you recover costs?:

dvmethod.com said
I just cant believe that ANYONE can make an accusation, withhold children, let the other person spend so much money to fight the accusations, then the accuser just walks away. Especially when they claim domestic violence and get Legal Aid funding.
You better believe it as it happens and will continue to happen as long as people are financially rewarded by the CSA and Centrelink for increasing their level of care!  Despite it's intentions, the family court system etc has turned into a "wealth distribution" system instead of a system to protect the rights of children.

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Post #50157 by wharty on September 19th 2013, 10:11 AM (in topic “Parenting order”)

Parenting order:

Willfred said
 CSA exists to support the children, not either parent, in the same way that in family law provides rights for the children above any rights of the parents.
In theory yes.  In reality no.

There have been many documented cases of children being removed from one parent purely because the other parent refuses to abide by parenting plans, court orders etc.  In some instances children have been refused contact despite them wanting to have contact with the other parent.  How is that in the "best interest of the children"?

Furthermore, and as you stated in your reply, there is no way to govern how money paid to a payee for the support of children is used.  When my 18yr old found out how much money I've been paying her mother each month she was horrified.  My ex made out that I was paying hardly anything and that's why they were "doing it tough" (despite my ex and her partner being on a combined income of over $220k and getting $560 a month from me!).  My ex even made my daughter pay for board and expenses using money she was earning in a casual job.  Made me furious.

The CSA and Family Court are far from "being about the best interest of the children" and more about the redistribution of wealth.

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Post #50154 by wharty on September 18th 2013, 10:04 AM (in topic “Parenting order”)

Parenting order:

jojoaus said
As we have only just found out that the agreed week in the school holidays is no longer guaranteed, perhaps another visit to the solicitor is in order when my partner gets home from overseas next week. What a minefield.
  It really won't be worth all the pain.  Trust me.  I went through the same with my ex and our 13yr old and 1 week after her 14th birthday my daughter decided she didn't want to see me anymore.  CSA went through the roof and because I couldn't let it go, my relationship with my daughter and my health suffered.  3 weeks after my daughters 18th birthday I got a SMS stating she wanted to see me again.  Now I'm trying to rebuild our relationship and get over the hurt, pain and anger of the last 4yrs.  If I knew then what I know now, I would have let things be.

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Post #50120 by wharty on September 11th 2013, 8:55 AM (in topic “52 nights a year rule”)

52 nights a year rule:

Guest said
 What appears to have happened and I have seen this a few times is that you went into Court armed with all the paperwork and made a hash of it during proceedings and rather than admit it resort to We were let down by the Law or did you have such a poor case that the Court had no other options.
  I fail to see how you came to this conclusion based on what's been posted.  Given the extreme bias of courts towards handing care to mothers, I'd say there's more chance Kmasters was "done over"!

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Post #50008 by wharty on August 23rd 2013, 3:53 PM (in topic “ANGER ISSUES”)

ANGER ISSUES :

louise said
  My Lawyer has never read any post I have "put on this site "
Ok. So obviously you don't tell the truth and make things up as your original post clearly states:

WE HAVE ALLOWED OUR LAWYER TO READ YOU ATTACKS

Given this, please do not expect any further assistance from me (and more than likely anyone else on this forum).  I wouldn't be surprised if you're banned as it's obvious you're just been wasting everyone's time!

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Post #49999 by wharty on August 22nd 2013, 10:36 AM (in topic “What if one parent doesnt follow the parenting plan that they signed????”)

What if one parent doesnt follow the parenting plan that they signed????:

From my experience with excursions and book fees, schools generally don't split these sorts of costs as it's far too time consuming and are generally one-off expenses.  School Fees on the other hand are a different story.

You really only have three options.

Option 1

Try and use the signed documents to claim the excursion and book fee expenses as Non-Agency Payments (NAP) via the Child Support Agency.  More than likely this will fail as they will still seek approval from the payee for expenses to be offset against child support (despite both parties having agreed to splitting the expenses) and the payee will more than likely not agree to the offset.  That said, if the expenses relate to School Fees (which are different than excursion and book fees), the fact that you have a signed agreement may result in the CSA allowing these to be offset against your child support as there's mutual agreement.  It's important to remember (from what I've been told) that excursion and books fees are treated differently than school fees.

Option 2

Take the matter to the Small Claims Tribunal in your local State/Territory to see whether they'll help recover the costs.  I did this with school fees (not excursions and books however I believe the process will be the same as you have a signed and witnessed agreement) and the school was forced to split fees between two accounts and to back-date the split to the day my daughter started school.  I had supporting documentation that we agreed to split fees however the CSA would not accept said documentation as it was in the form of emails and txt messages and the school stated I signed the admission forms therefore they were entitled to chase me for fees.  The tribunal took a different view though.

The bonus for me is because I now have less than 14% care of my daughter, I can claim 30% of the fees against my child support and there's nothing the payee or the CSA can do about it.

Option 3

If the additional costs relate to excursions and book fees, you need to consider whether these expenses are worth the stress.  I know I pay a fair chunk of these (despite paying child support and the payee getting the School Kids Bonus!) however I consider the cost to be minimal and not worth the effort.

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Post #49998 by wharty on August 22nd 2013, 10:06 AM (in topic “ANGER ISSUES”)

ANGER ISSUES :

louise said
 WE HAVE ALLOWED OUR LAWYER TO READ YOU ATTACKS  she was shocked  and found your slanderous remarks to be rather ludicous
No disrespect to your lawyer however their comment is a bit rich given that it appears, based on what you've posted on various threads, they fail to have a basic understanding of Family Law, Child Support etc and have failed to provide you with decent representation.

louise said
you obviously did not read what i said
I've read what you've said in various post (despite the spelling mistakes and their lack of basic formatting or punctuation) and have even provided a fair bit of advice and material for you to read (which you seem to have ignored in favour of ranting).  Unfortunately your various post don't provide sufficient information or understandable content to enable others to assist (and those that have assisted have got no thanks; just abuse).

You are obviously extremely frustrated and upset and some of this may be due to lack of "quality" representation from a lawyer (bit hard to ascertain due to the lack of "real" and "understandable" content in your posts).  As SEC_SPCA stated in some of your other posts, if you can provide them with court transcripts etc (using this sites "whisper" feature) and a more clear and understandable outline of your situation, they may be able to provide additional assistance.

I know it's difficult (and I'm guilty of doing it myself) however try to be a little less aggressive towards other members.  Also try to format your posts into sentences and paragraphs to make it easier for others to interpret what you're trying to say.  We're all hear for the same reason; to ensure our child(ren) get the care they're entitled too.

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Post #49950 by wharty on August 16th 2013, 7:32 AM (in topic “A good result for the children and a good job done as an SRL”)

A good result for the children and a good job done as an SRL:

What a great outcome.  Congratulations :-)

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