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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    CSA can not do anything until this BFA is discharged and then they can start to act. She lives a flamboyant lifestyle and travels overseas 3 times a year posting it up on Instagram like a wannabe start. Let’s see what happens when there’s a departure prohibition order

    The reason I asked about examples of child support agreements is the application states what final and interim orders I’m seeking. Obviously to discharge the BFA but might aswell include any others that might be relevant eg: half of educational expenses
     
  2. sammy01

    sammy01 Well-Known Member

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    My problem is with the process. You got legal advice before signing the BFA? You must have because it is a requirement of a BFA... YOU AGREED. So I reckon to have it appealled you'd have to show that the process that was followed was flawed. Being pissed that she lives a flamboyant lifestyle and you don't is not relevant. There is a legally binding contract (BFA) and you need to establish the reason why it should be overturned and for that I think it needs to be about process and procedure - that there was a mistake made in the creation of the thing and that mistake means the contract is unlawful.
     
  3. Rod

    Rod Lawyer
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    I don't like your chances of overturning the BFA, and may not help anyway as Sammy has mentioned.

    You can apply to court to have it voided on foreseen grounds/exceptional circumstances. Problem though this issue was foreseeable in an objective sense and not really all that exceptional.

    That fact that you failed to foresee the possibility of no/low income, doesn't mean someone else would have.
     
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  4. Hoang Trang

    Hoang Trang Well-Known Member

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    I get where your coming from. Her lifestyle and how she lives is no revelance to me. She will refuse and do all things necessary to avoid paying. Heck she even evades the ATO, someone with a rather calculating mindset. She can stick her head in the sand and hope the problem will go away but it won’t. Now here is the part where her flamboyant lifestyle may be of relevance, not to me but rather herself. You see she lives to travel and uses this as a platform for her business. Travel travels and blogs with quite the following. CSA once told me the most effective way to get people to pay their debts is by placing a travel band.

    Now I’m all for my kids and had been from the very start. This mindset help me not only battle the family court system, but ultimately win. We are scraping the bottom of the barrel at the moment but we are happy. Much more so then if I was filthy rich and without my kids. A lot of dads would kill to see theirs. So no I’m not pissed off that she has a better life then me.
     
  5. CSFLW

    CSFLW Well-Known Member
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    Hi Hoang

    The Family Court cannot make orders regarding child support.
     
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  6. Hoang Trang

    Hoang Trang Well-Known Member

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    If an agreement is entered into, it can be varied or discharged by entering into a termination agreement under s 90J or set aside by a court under s 90K(1). Section 90K provides that an agreement may be set aside as follows:


    (1)A court may make an order setting aside a financial agreement or a termination agreement if, and only if, the court is satisfied that:

    (d)since the making of the agreement, a material change in circumstances has occurred (being circumstances relating to the care, welfare and development of a child of the marriage) and, as a result of the change, the child or, if the applicanthas caring responsibility for the child(as defined in subsection (2), a party to the agreement will suffer hardship if the court does not set the agreement aside; or

    Could one argue financial circumstances have significantly changed due to loss of employment and as a result children will suffer hardship if not set aside? My lawyer at the time advised that the BFA is so heavily biased towards my ex (she is to pay NIL) that it would cast doubt on the document if it were challenged on grounds of duress or unconscionable conduct.
     
    #16 Hoang Trang, 12 January 2019
    Last edited: 12 January 2019
  7. Rod

    Rod Lawyer
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    The only real way to know is by applying to the court and see what they say.

    It is difficult for someone without the full facts to comment with any kind of accuracy, and even lawyers involved can only give an opinion, not advice, because the judge has so much discretionary leeway.

    I still don't like your chances, but I don't have all the facts, and this should not this stop you if you can afford the time and effort (+ some cost). Sometimes you have just got to do what seems right to you. I would probably try if I was in your position despite what I think are low odds. I would not hold onto much hope I'd get what I thought was a fair outcome but at least I can tell myself I tried and gave it my best shot.
     
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  8. sammy01

    sammy01 Well-Known Member

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    You want HER to have a travel ban. Mate most blokes here struggle to stop their ex moving two post codes away and you want to stop her going to Bali for a week?
     
  9. sammy01

    sammy01 Well-Known Member

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    ok so you signed a BFA after solicitor told you how unfair it was?
     
  10. Hoang Trang

    Hoang Trang Well-Known Member

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    Honestly I’d be happy as pie if she moved to the other end of the earth. Her travelling or not travelling has no relevance to me. But simply put, if there is a travel ban she will not go overseas. I’m only just stating one of the many ways CSA are able to cover their debts, with much success. Hell I’ve even heard of people settling their debts right there and then at immigration. She can travel to the ends of this earth for all I care. Hell she could travel to the moon. Now from CSA point of view, if you can afford to travel then you can afford to pay your debt. Never mind my point of view. But what has relevance to me is if she had a go ongoing debt and she chooses to deceive different government agencies in order not to pay. That is dam right criminal to say the least. And money that can greatly assist in raising my children..they are hers too after all?
     
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