Hi
I hope someone can or is willing to assist. I have and have always for the past 10 years paid the correct child support, it was a mutual agreement. However we always went of the Child Support Agency for advice. My wages rarely changed as I work for the government, so each week it's the same, and I always lodge my tax returns. However in 2014, I went on 6 months half pay parental leave (my wife and I had a child together), in addition my ex was working cash in hand, not declaring this to the government or CSA.
Let me be clear I am and have never avoided my child support requirements, in addition I was seeing my kids 4 nights a fortnight and also tried to get them 50%, the mother agreed and then at the last minute she said no. We could not afford to take it to legal so we went back to 4 nights a fortnight, also did not want to put the kids through that.
I wanted my kids and I have always financially supported my kids.
In short, things started getting nasty last year, my ex started getting jealous (she was going through another divorce and things were getting nasty with her other 2 kids to that relationship, so she was not in a good place, and I became her target) and the kids were getting used as pawns, in short without my knowing she went to child support stating she is now taking the kids 100% of the time and for my wages to get garnished. I found this out via a call from child support, and about half an hour later she advised me via text. There was nothing I could do apparently, except go to Court, which my wife and I could not afford.
My question is I received a letter from CSA stating that I have to pay arrears of $6500, however my ex when I went back to work said for the next 4 months just pay what I had been paying while at half pay to help me and my wife out, as my ex was making enough through her on-line business and market, so the kids were not disadvantaged at all. We at that time and in the past have had a good relationship so never thought to have it in writing.
Anyhow she is now denying this conversation occurred (plus lying to the kids, which hurts the most) and I do not have evidence to support this (except screenshots of her business, which she has now since closed), CSA advised that they will not chase us for it as it was a mutual agreement and not through CSA. That we thought was all.
However my ex went to Legal Aid who requested the money and they state if we try to fight it we will also have to pay all the legal fees, an extra $2000.
In January 2017, Legal Aid sent me a letter, requesting the $6500 and that my ex is waiting to get approved via legal aid, I responded in January stating I did not feel comfortable discussing my finances if my ex had not been approved for legal aid (i.e. the lawyer was not yet retained), we did not hear back until now 4 months later.
Is there anyway not to have to pay this? Or do I have no choice. Firstly, we don't have the money, so if we have to pay I actually do not know how. My wife is currently on maternity leave with our second child.
Thirdly, my ex and my children are not struggling, we are in NSW, they are about to leave on a two week holiday to QLD, they have been going to movies and out to dinners etc, I can't afford this even if I wanted to, my kids here are actually going without and we as a family are struggling.
Help please.
I hope someone can or is willing to assist. I have and have always for the past 10 years paid the correct child support, it was a mutual agreement. However we always went of the Child Support Agency for advice. My wages rarely changed as I work for the government, so each week it's the same, and I always lodge my tax returns. However in 2014, I went on 6 months half pay parental leave (my wife and I had a child together), in addition my ex was working cash in hand, not declaring this to the government or CSA.
Let me be clear I am and have never avoided my child support requirements, in addition I was seeing my kids 4 nights a fortnight and also tried to get them 50%, the mother agreed and then at the last minute she said no. We could not afford to take it to legal so we went back to 4 nights a fortnight, also did not want to put the kids through that.
I wanted my kids and I have always financially supported my kids.
In short, things started getting nasty last year, my ex started getting jealous (she was going through another divorce and things were getting nasty with her other 2 kids to that relationship, so she was not in a good place, and I became her target) and the kids were getting used as pawns, in short without my knowing she went to child support stating she is now taking the kids 100% of the time and for my wages to get garnished. I found this out via a call from child support, and about half an hour later she advised me via text. There was nothing I could do apparently, except go to Court, which my wife and I could not afford.
My question is I received a letter from CSA stating that I have to pay arrears of $6500, however my ex when I went back to work said for the next 4 months just pay what I had been paying while at half pay to help me and my wife out, as my ex was making enough through her on-line business and market, so the kids were not disadvantaged at all. We at that time and in the past have had a good relationship so never thought to have it in writing.
Anyhow she is now denying this conversation occurred (plus lying to the kids, which hurts the most) and I do not have evidence to support this (except screenshots of her business, which she has now since closed), CSA advised that they will not chase us for it as it was a mutual agreement and not through CSA. That we thought was all.
However my ex went to Legal Aid who requested the money and they state if we try to fight it we will also have to pay all the legal fees, an extra $2000.
In January 2017, Legal Aid sent me a letter, requesting the $6500 and that my ex is waiting to get approved via legal aid, I responded in January stating I did not feel comfortable discussing my finances if my ex had not been approved for legal aid (i.e. the lawyer was not yet retained), we did not hear back until now 4 months later.
Is there anyway not to have to pay this? Or do I have no choice. Firstly, we don't have the money, so if we have to pay I actually do not know how. My wife is currently on maternity leave with our second child.
Thirdly, my ex and my children are not struggling, we are in NSW, they are about to leave on a two week holiday to QLD, they have been going to movies and out to dinners etc, I can't afford this even if I wanted to, my kids here are actually going without and we as a family are struggling.
Help please.