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Who wants to be dictated to by the State on how you support your children what, how and when?
Whilst many views float around arguing for and against child support, most decent fathers and parents would argue the issue is not whether or not they wish to support their children, but rather the often unfair conditions imposed upon them.
Simply, it's an attack on the nature of a father's freedom and how he best wishes to raise and support his children in the many different ways a responsible father can, which are often more effective and benefical to a child than any 'slap-bang' instrument of government and statism can ever be.
For a father going through separation/divorce, experiencing the loss of family and children, horrendous false allegations, litigation, uncertainty of where your children are and how they are doing, often causes ill health, work and life instability in so many ways. Also, the effects from not having a fully functioning and emotionally present Dad in a child's life can be equally, if not more devestating as their development can be hindered considerably.
Then if that isn't bad enough, along comes an assessment from the Child Support Agency (CSA) for an outlandish sum of money based on your capacity to work at the highest rate when you were fit and able and on fire, which is possibly a stark contrast to where your financial position is today, or will be in the future if you are unable to recover from the upheaval of a traumatic separation that's often compared to a fate worse than death.
From 2006 CSA powers in Australia have increased to not only garnish your wages, but directly withdraw from bank accounts any amount they deem appropriate, siezing assets of any sort to pay the often highly questionable and unjust debts. As Fathers are assaulted with such draconian measures, one can only feel a sense of dictatorship giving rise to a totalitarian society not a free Australia causing fathers to unite and fight for their rights and freedom.
As there are many issues surrounding child support and the effects upon fathers, children and families,
Don't go to court over this matter! It's not worth the money and the hassle mate. You'll get absobloodylutely nowhere except in s**t creek w/o a paddle.
If you actually do wish to go to court to see your son then I suggest having a sex change first. Not kidding.
the best "estimate" for you is to use the calculator on the CSA website and enter in the details as best you can. It will give you some idea ...
if you think you will only earn a minimum amount, you could run the gauntlet until tax time, and then deal with it and any arrears you might have. that consideration can only be made by you with all due weight to "how much do you WANT to pay", "is the relationship with you and the ex an amicable one, in which you can come to some agreement" and "how close you are to the end of your case" ...these are only questions you can answer.
A stat dec is not proof of who the father is CSA cant accept it at all. Is he on the birth ceft did he sign it ? If not CSA broke their own law as it states 44 weeks before and after a child was conceived parents must be in together. Dont pay a red cent to CSA or to the x ask for a rule 8 as it stops them chasing him then see legal aid they will help get a court order for DNA test which CSA will only accept
CSA accepted a stat dec on face value, which turns out they are well within their rights. They didn't compare signatures or verify the witness. On one occasion I was told the witness name was too hard to read. 2 phone calls were made, but no voicemail left.
CSA sent 2 letters to alert him it was accepted, both letters which they received return to sender.
This all took place in April 2016 and we knew nothing of it until I opened a statement for child support for a 10 year old girl in AUGUST 2016. Just about 5 months, no other mail or contact made.
This has torn us apart with stress. And the next best part is that the only reason he is not allowed to object to the decision is if disputing parentage.
She has nothing else to say its his, they didn't know each other then .... I met him the week that baby was conceived.
CSA have escalated the case to fraud on their end but we aren't entitled to know the outcome??
So my x and I have court orders in place that say no one can do any medical treatments without the others consent, this includes braces. So if your x partners are taking you for a ride appeal it through CSA. Yes it's a pain in the butt, but it's better than paying $$$$$ you probably don't have. If CSA fails take them to court. Make sure you document everything you do in a dairy as it can be used as evidence. I've been dealing with CSA and court since 2008. I've been through a bit so any question just ask.
So all of a sudden my ex does not want me to see my son and says he also does not want to see me nor does he want to talk to me...Long story short i stopped paying child support whats the point if i cant see my son...it got to about 4k and now they garnish my wage and have been working 6 days a week to pay it off @ $150 per week extra Totaling $500 a fortnight!! Anyway my question is how old does a child have to be before they can say they dont want to see their father? I have been nothing but loving and supportive, and cant lose the rights to see him....Does anyone have anywhere i can go for information as I just get the run around...Thanks
the payee will meet all expenses in relation to the health care and education of the children other than thiose which the payer is obliged to meet pursuant to this agreement
Now the agreement also states that I should pay 50% of the kids private health cover which I haven't been paying (though have now started to.
My ex wants me to back pay $1500 and is threatening Solictors and going to CSA so they can get the money from me.
Any idea if I have a leg to stand on, What should I do?
How does your x get what she wants from CSA
My child needs 8500 or over in dental work as her jaw has stopped growing when I told csa that he will need to pay half CSA tells me " sorry but no you have to pay it all your self as your orders dont say anything about medical help "My court orders say he has to pay child support again CSA say " not our problem " Just like fathers CSA wont help receiving mothers all Im told is get a job Ive worked since my kid was 3 days old cause my x wont stick to court orders but if I dont answer the phone to him at 1 in the morning he brings in his lawyer to make threats and screams " court orders "
I have an Australian court order which stipulates the days my children should reside with me. My ex prevented the children staying with me as per the court order, and then had the CSA change the Percentage care to 100% for herself. When I informed the CSA of the court order, they asked me 'what had I done to have the court order enforced ?' As I had no documentation proving I had attempted to enforce the court order, they made the change in her favour.
I don't believe they were entitled to do this, but they did.
So, don't rely solely on the court order, but write her a letter stating that she is in breach of the order and that you did not agree to the treatment and that the costs will be for her account.
Other than that, I don't think you need to do anything. If she attempts to take it further via CSA or court, you have the court order and letter, whilst she does not have the required written agreement.
I Need some advice about contraventions of the orders and what I should do I am in Australia . Please leave the emotion out of it, I need facts! Cheers
As far as I'm concerned CSA are arseholes, Family Relations is a croc of shit I have even been down there and blasted them. We got a restraining order n his ex but she wins by stopping the kids from coming and poisoning them.
IThere should be no exchange of money if u divorce then it's 50/50 and shared custody. If the kids decide not to see a parent then NO EXTRA Money should be given
The whole system sucks
I feel for a lot of you blokes. Love to you all. Hold your heads up high.
Maybe get a voodoo doll!!
Right from the start you don't contract or make any agreements with them; ie. speak/write/apply/register with them, nil, null, zip, nada!
Upon receipt of any Demand for Payment you conditionally accept. ie. Before any payment can be made, proof of any contract and verification/validation of any debt is first required. Failing receipt within 30 days will deem none exists and you are required to cease and desist with any further correspondence. [always followup with a reminder notice and send via registered mail].
Of course no contract could ever be formed between you as a man and CSA - a dead entity, so they won't reply with the proof you require. So you remain in honour, and as there is no dispute there can be no court action.
Of course, be mindful that bank accounts solely in your name are not safe, as they can take what they like and when they like.
We should all learn the process of making claims against individuals and owners of businesses like CSA who cause us harm.
Just got off the ph from csa,
As my son asked me to call as he is in
They keep sending him letters to inform him
Of the $$$ he owes. I asked why? blah blah omg
there answer was he needs to call and ask for this
To be changed ,Hello what part of this did you not
understand JUST send the forms he needs to him
FML we don't have his current ADRESS grrrrrr
why are you so stupid and why is he paying csa
racking up a bill when he has been there for nearly
a year . These people are absolute muppets.
So what do I do help
Yesterday at 01:42
Hi folks, I am running a couple of surveys about people's experiences with the CSA. I am particularly interested in issues related to Official Misconduct, Criminal Activity by CSA Employees, and the legislation being applied wrongly. These are the links to the two surveys I am conducting at the moment. For the first one listed, we need at least another 80 to make it valid, for the second one we have had over 300 responses and the results have been already sent to one Senator. Cheers for your help everyone:
I'm happy to pay for my kids whilst they are with me. Sure, what ever they need they'll get but if this arsehole wants to fuck my wife and then play Daddy to my kids, he can pay for them whilst in his care. Oh yeah and fuck you 'lack of' child support. Rot in hell.
It's been 7 years and I'm still angry as hell. Nothing would give me greater pleasure than hearing she's no longer on this planet. After dragging me through the family courts for 3 years. Lying to the courts on 9 separate issues. Finding out through the courts that in addition to sleeping with her boss she'd also had an affair with my best mate. Making out to the courts that I was a threat to my children and having to have supervised visits for two or so years. My report came back as fine. Her report came back stating 'requiring medication'. Who was the real threat? The purpose of the courts was to prove to her friends that she'd grown a set of balls.
She came into the relationship with nothing, but wanted to walk away with 1000's. She failed miserably. I'm pretty certain she spent more in legals than she was awarded.
Child Support raped my bank account taking every fucking cent. How they can do this is beyond me. The relationship is over. She wants to live with someone else. That's fine - fuck off, but don't come sponging off me you lying cheating slut.
What's the fucking point
I thought my child support payments were finished because last year the CSA told me I only owed $8000 and then they started taking over $150 per week to pay the outstanding debt. I paid my ex-wife the money, now the CSA without warning me went to my payroll master and started deducting over $350 a week out of my pay. The CSA warned me to do my tax for 2015/2016 and they took all the tax refund of over $4000 and gave it to my ex-wife. I was un-employed last year from June 2015 to March this year. I started full time employment in late march 2016. Whilst I was unemployed I used all my savings until I run out of funds and used Centrelink in the last months before gaining employment. In the latter stages of my unemployment I had to borrow money to just exist and now since working I have had to pay this back. Now the child support has come along and taken money from my account, which by the way is not 18 cents in the dollar because my money paid weekly was exactly the same. I have only 6 weeks work left until my contract ceases and I told the CSA this they were not interested in my circumstances, because there simple-minded job is to take whatever money they see fit and give it to my ex-wife. This lady who has a house, a good car, a good paying permanent job and has just come back from a overseas trip, to find over $5000 deposited into her bank account. By the way, I failed to mention I have been child support since 1995 and the government has been taking money out of my wages all this time and I have two adult sons that totally oppose to seeing their father homeless in 2 months’ time.
Thank you child support for not understanding the paying fathers of this country, you have the simple minded job of going into someone account and taking money with any consequences on your behalf and not giving a shit on how we are supposed to live on the minimum wage. Also, the people working at the CSA have no compassion and no people skills when talking to paying fathers, this is probably one reason we don’t return your annoying calls!!!!
if she has any kind of qualification or skills etc, and is not working because her "lifestyle" allows her to not work - then you need to lodge an objection stating that she has capacity or earning power that is not being fully explored. If you can show that she is enjoying a certain lifestyle, and she should be working to assist with the raising of the children, then you may have course to have her income "deemed" for child support purposes.
She is not happy, but only has herself to blame for not participating adequately and not being open and honest in her dealings.
so keep trying guys - it can happen.!!
First of all, Thanks to the amazing people who have been providing the timely advice when needed on this forum.
I have a query regarding maintenance order for my ex-wife passed by an overseas court. My ex-wife (Australian citizen) who was working as a Registered Nurse in a public hospital in Australia has been living overseas with her parents for the last 1 1/2 years. We have a 3-year-old son who she took with her without informing me. I have been paying child support since our separation 2 1/2 years ago.
Now she has got an ex parte order (without my knowledge) from the overseas court granting her maintenance and child support. Can the CSA enforce the court order passed by another country? My understanding is that the CSA can enforce the child support order passed by the overseas court, but won't charge me twice i.e. the child support that I am paying currently will be stopped.
It is the maintenance order for my ex-wife that I am furious about. Is it enforceable? Can CSA enforce it on me? My ex-wife has the qualification (Nursing) and potential to earn more than me, but she is a lazy woman and wants to live off on my wage without working.
Any advice would be appreciated.
theres nothing CSA will do about your x living with someone she has the right to a new life so to speak and as its your child not the new partners you still have to pay BUT the only way you can do something is prove to centre link if she receives family tax A & B that she is living with someone ( as centre link take into account her partners money ) and both CSA an Centre link can than do something about your payments.
I would like to know if anyone can answer my question??
What are the rules on your ex wife having a partner who pays her rent and helps towards the up keep of the home has his business mail sent to the property ( he is a multi millionaire builder and so called best friend) who as I beleive also pays my ex to do his new build cleans and I presume that would be cash in hand.
Is there any waythat the csa would take into account the rental payments that is being payed to my ex I understand it would have to be proved but what are the rules on her having a pertner living with her?? May I add that heoffered me a place to stay for a SHORT while in the begining so we could try to sort out our differences and withing a month was in a relationship with my ex wife and was trying to throw me out of the gagrage he let me live in on one of his many properties.
I may sound like a scorned ex husband but the CSA have just sent me a new figurative amount to pay for my daughter but the amount is outlandish and I have never earned that much
Any help or advice would be very greatly received
yrs , I can't get free legal advice as my wife is supposedly on too much money and I'm on a $0 income per yr for 6 yrs. how the hell do the expect me to pay $240 per month and apparently if I don't pay it ( which I can't ) it will build up a back depth building interest monthly and when I reach retirement age they will just take my superannuation, by that stage I will probably just end it as casa has left me with nothing my whole life.
I've been watching my partner go through all of this and in the beginning I thought he should be respectful to his then soon to be ex wife but she seriously went nasty. She wanted to move from Darwin to Perth with the 2 kids and he agreed. She made him sign some silly document which didn't stand up in court anyway. Anyway she waited for him to relocate to Perth then changed her mind about moving. She went further by stating he could only have supervised visits when he could afford to go to Darwin. She threatened through lawyers that the police would be called if he went to the house, which was his house. He was on $300k a year at the time and paying combined spousal and child support of $10k a month but she wanted more and wanted him to have zero contact with the kids. His contract ended and he couldn't get a job. Hello CS and sorry the amount you have paid previously is not taken into consideration! Wtf? He now has a job at 1/3 of the pay and they take so much. As part of the financial settlement he took all the debt including the house because he can't sell it. He has almost $700k in debt from the marriage and is on the verge of bankruptcy not to mention suicidal! Do you think CS care? Not one bit! Does anyone know what's happening with these reforms of Pauline Hanson? Does anyone know political meetings where you can have your say about these things in Perth? I've tried to see where liberal and labour party's stand on this and I can't find anything.... Does anyone else think it's weird that our 2 biggest parties don't have anything on this?.. Finally I'm so worried about my partner, does anyone know any face to face groups where he would feel better? I can't believe how much power CS has. They take his wage before he gets it, his tax return (which we were hoping would help with his debt) and she lives the highlife!,, what the hell is going on? How did it get like this 😒
And congratulations to Pauline Hanson and co,one of very few real people who care about this country,may you wipe away the years of brainwashing/social engineering from the people of this nation.
I was told by a guy who pays child support like myself that if your ex is living with someone as defacto or married you can get a reduction in your cs . Does anyone know this to be true?.
Yep they do case it on your capacity to earn in my case they told me to get a job. I work went back to work 3 days after having a c-section ( 8 yrs ago and still work ) so they told me to get a better paying job so I work 2 jobs then they told me to leave my x alone its not his fault he dosent have any money he hasnt had a job in 8 -9 yrs how does he live ? So I asked them about his capacity to earn csa told me its not their problem wtf what is their job ? Any way it should go of your end of year tax and what the tax man says you earn wtats when csa work out how much you should be paying
They can't impose laws that don't exist, also an abuse of an existing law (or non existing law) is called a "misfeasance in public office". Under Commonwealth law you can sue for a "misfeasance in public office" and people can lose their jobs. I would write to them and state your income and ask how they can justify imposing a higher rate of child support when you are sharing care 50/50. If all else fails engage a lawyer to have a look at it for you and take the written reply they give you. [Disclaimer: I am not a lawyer, this is not legal advice, but hell I have learnt a lot]