Hi, I have a question. My cousin is in a situation where her ex is not paying any CSA. The ex is very smart and an abuser. He has/had very very well paying jobs, but in the lead up to their divorce setup himself up in a business. He now contracts via the business instead of getting a paypacket. Because of this he claims he has no/minimal income and is struggling. To further "muddy" what is really happening he has actually gotten a low paying casual job which he does get paid for via a min wage....of course this is his income for CSA. He travels extensively and goes O/S at least twice a year. Lives in a lovely home and has her jumping through hoops constantly as he objects and takes her to court for every decision she makes on the kids. So in addition to her not receiving CSA she is paying thousands in legal fees. To top it all off he actually does a lot of work for the ATO - so he knows all the tricks. She has objected to everything in the past but CSA are not doing anything in terms of enforcing/increasing his payments. She is now at breaking point. While I know she can lodge an appeal, i am not convinced anything will happen given the history with the information she has now. What information can we source to provide to the CSA to make them do something? it just all doesn't add up, I know CSA have access to travel data and would be able to access his business tax records. I know it sounds ridiculous but I am now wondering if he has "inside help" as I do not understand how he is getting away with it.......any advice would be appreciated.
NSW Not paying child support and getting away with it
- Thread starter snoop
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It certainly appears CSA are not doing their job and I can understand why you'd think that way.
She needs to appeal the CSA decision and may need the help of lawyer. I suspect there are time limits on when she can appeal and if outside that time may need to wait until the next review.
She needs to appeal the CSA decision and may need the help of lawyer. I suspect there are time limits on when she can appeal and if outside that time may need to wait until the next review.
Thanks Rod. Can you think of anything further she can give to support her case? I know she is scared of him and worried an appeal will cause him to come at her again - he is very abusive and intimidating. So I really want to make sure whatever she lodges has the best chance of working....
ooh one other question. it looks like a lot of work is done overseas - he contracts to multiple parties one of which is ATO. I am wondering if he is getting paid over there in a local bank account. Can CSA access this data? I am thinking that if this was the case he would probably then transfer the $$ to his girlfriend or mothers accounts for AUD access......
Certainly CSA can look into other Australian bank accounts but your friend may need some evidence of this occurring. I'm not sure how much discretion CSA have in wandering through accounts of people not part of a CSA matter.
If he is keeping the money offshore I don't like your friend's chances.
Chances are the ex will fight again. Past behaviour is a wonderful predictor for future behaviour. So your friend either needs to be prepared to fight, or do what the ex wants and just walks away.
If she is going to fight for CSA money, then as much evidence as she can get her hands on. If the mother-in-law is slightly sympathetic to the plight of her grandkids made your friend can work that angle for information.
If he is keeping the money offshore I don't like your friend's chances.
Chances are the ex will fight again. Past behaviour is a wonderful predictor for future behaviour. So your friend either needs to be prepared to fight, or do what the ex wants and just walks away.
If she is going to fight for CSA money, then as much evidence as she can get her hands on. If the mother-in-law is slightly sympathetic to the plight of her grandkids made your friend can work that angle for information.
Give up...
My ex owns a mobile home... It is worth $90k.
She has done two OS trips this year. Mexico and Spain...
She claims an income of $7K...
So in my case, she works as a massage therapist. Mostly cash. She also had an inheritance... The reason I say 'give up' is because in MY OPINION... The stress of trying to get child support for the possible result - It is simply not worth it... My ex will do what ever it takes to make sure she never pays me a cent... so lets pretend I provide all the evidence to CSA and they make a determination that my ex has to pay me $XXX a month. She will not pay it. She is self employed and seems to know all the tricks... More importantly, my thinking is that IF she is assessed to pay, she will enjoy letting me know that she is getting away with not paying, just to rub it in... I'm not prepared to play that game.
I hate my answer... I really do. But if the ex is intent on scamming to avoid paying fighting back will only cause you more grief...
My ex owns a mobile home... It is worth $90k.
She has done two OS trips this year. Mexico and Spain...
She claims an income of $7K...
So in my case, she works as a massage therapist. Mostly cash. She also had an inheritance... The reason I say 'give up' is because in MY OPINION... The stress of trying to get child support for the possible result - It is simply not worth it... My ex will do what ever it takes to make sure she never pays me a cent... so lets pretend I provide all the evidence to CSA and they make a determination that my ex has to pay me $XXX a month. She will not pay it. She is self employed and seems to know all the tricks... More importantly, my thinking is that IF she is assessed to pay, she will enjoy letting me know that she is getting away with not paying, just to rub it in... I'm not prepared to play that game.
I hate my answer... I really do. But if the ex is intent on scamming to avoid paying fighting back will only cause you more grief...
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