WA Applying for Child Support Orders - Help?

Discussion in 'Family Law Forum' started by Hoang Trang, 9 January 2019.

  1. Hoang Trang

    Hoang Trang Well-Known Member

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    In the process of making a family court application for orders. It states in the form to be specific with orders sought.

    Example as like

    Half of the school fees (public schooling)
    Half of yearly booklist and uniforms


    Have no hope with child support as OP is assessed to pay next to nill as true income is not declared (cash base business)
     
  2. sammy01

    sammy01 Well-Known Member

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    Don't bother. Courts will say child support agency is responsible for child support. More importantly, let's pretend you get an order that says the ex has to pay you $XX A year. She won't pay it... What then?

    Mate time to move on. More time in court is more time not living.
     
  3. Hoang Trang

    Hoang Trang Well-Known Member

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    Wasted that much time, stress and money as is so better to come to realisation then I guess.

    On another note, we have a BFA where she pays me zero dollars child support which the agency has upheld. During our custody battle, she would only give me custody and sign the consent orders if I signed her BFA. And at that time I was self-employed and could support my kids myself.

    So either I sign it or fork out another $30k to go to trial (I was just before the readiness hearing). And also risk losing more time with my kids as she lied and said I was on drugs, abusive and neglecting them. I chose to sign as I didn’t want risk going to trial.

    But the hospitality industry has gone pear-shaped and I was forced to close my business and every cent counts now.

    I told CSA of my situation and they suggested I make a court application to discharge the BFA first before they can try and collect from her
     
  4. sammy01

    sammy01 Well-Known Member

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    Ok so you could challenge the validity of the BFA. I'd be thinking you're collecting FTB?

    So my experience... 3 Kids live with me about 80% of the time. Have done for 4 yrs now. I earn $90 000 gross as a teacher, so no ways to scam tax... The ex runs a business, lots of undeclared cash income. The ex's last tax return was $5 000. The ex won't pay child support until declares that she earns $35 000. Then she would be paying me the princely sum of about $5 a week.

    Now I understand your business closed. But I guess, from my experience, some people will do whatever it takes to not pay. I reckon my ex and your ex are those sorts of people.
     
  5. Hoang Trang

    Hoang Trang Well-Known Member

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    Mate CSA were ruthless to me..still am now. One point in time she had care of my two children in the thick of the custody battle. I was assessed to pay her a certain amount but she appealed therefore my income was reassessed 20% more despite doing a full financial disclosure. So they only assumed based on rubbish my ex fed to them. Even now I have a small debt owing and they hounding me even though I’m currently not working and full time care x2 children with zero dollars from ex but still making fornighty contributions.

    I’m guessing she doesn’t want to be earning cash for the rest of her life? She’d eventually need to get a loan for a house/car/ credit card?

    My understand is CSA has a very far outreach with other agencies and they seem to have their own set of laws. If say.....hypothetically she was to have a face book page with over 5k likes, fully booked and regularly post pictures of her clients that pay $200 per session?? X6 days operation and taking a very modest “educated” guess based on her page earning $2000 a week?
     
  6. sammy01

    sammy01 Well-Known Member

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    What sort of job does she do?

    Again, my experience is similar, CSA useless, don't follow their own rules. But I did have success with AAT (administrative appeals tribunal). That said, the ex applied to them to get more $$$ out of me. When CSA refused, she appealed to AAT. I got a fair hearing there.

    My concern for you is similar to mine. I reckon I've got enough evidence of income facebook page advertising the business, sponsorship of a sports club. International holidays and a motor vehicle that cost more than I earn in a year. So hypothetically, I lodge a dispute with CSA - give them the evidence - they make a decision in my favour and agree the ex needs to pay me $100 a week. She is self-employed. She will do everything in her power to avoid paying. Change banks, insist on cash, have a bank account in her partner's name that income goes into. Sure, she will rack up debt with child support and she will laugh at me for my efforts.

    So you have two options.
    1. Provide the info to CSA and ask for them to consider the evidence. Look it might be worthwhile in your case because it could see the debt you have with them being cleared.
    2. Suck it up. - mate, you've been posting here for a year or more. You've got a good result in court. I reckon it might be better to spend your time moving forward. Sorry, I just don't have faith enough in CSA and I also think that whatever happens the ex will find a way to avoid paying. So you've gone through all that stress for nothing.
     
  7. Hoang Trang

    Hoang Trang Well-Known Member

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    Yes, mate, it's been going on for years. I’d wish I could move on mate I really do. But if you have read the other post she had me recently arrested at home during dinner time in front of my kids. Spent time in lockup only to have the charges dropped. She has twice filed a contravention for things ridiculous and the hearing is in a few months ( judge was reluctant and gave her an ear full)

    Now kids come home saying she hates me and that I’m a bad person. Even tried to get a VRO against her after assaulting me in front of my kids. Despite her being charged judge still declined it.
     
  8. Hoang Trang

    Hoang Trang Well-Known Member

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    Can someone give me some examples of child support orders they have been granted or seen?
     
  9. sammy01

    sammy01 Well-Known Member

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    I reckon you're better off going though CSA and then AAT. If you can establish she is lying about her income CSA can determine her income is higher than she is claiming via her tax returns.
    But - it will always come back to the same old problem - if she can hide cash she will and she can accumulate a debt with CSA and you will never see the $$$
     
  10. Rod

    Rod Lawyer
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    Look through some of the old posts in this forum. I think Migz has posted some examples in the past.

    The search feature is very useful.
     
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