QLD Can I be Forced to Pay Husband's Child Support?

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KKaren

Well-Known Member
22 March 2019
23
2
124
A $50,000 car? Yes. The judge can direct him to sell it and buy a cheaper one, as happened in my case. Did he do it? No. Did the court do anything? No. The CSA has an order from the court to collect tens of thousands of dollars in arrears from him. Have they done that? No.

From what I have seen, the CSA does nothing and ignoring their calls works well.

Does this make your husband a s**t person? Yes it does.
 

Tomlin

Active Member
5 June 2019
7
0
31
He should be paying child support anyway , the kids need to live to. They will just keep chasing him and possibly take him to court
 

Tremaine

Well-Known Member
5 February 2019
183
31
514
Okay, cowboys, pull up a bit here.

First, @KKaren, you’re talking about recovery of a child support debt, not an assessment. You have to be assessed to pay child support before you can fall into arrears for not paying it, and you have to fall into arrears before the court will order a party to sell assets as a means to debt recovery. What won’t happen is an order to sell assets just for an assessment.

Second, @Tomlin, the amount a person pays in child support is dependent on care percentages and taxable income, not simply because ‘the kids need to live to’. A parent who earns nothing may be assessed to pay nothing. Again, they also won’t be ordered to sell assets for an assessment.

@OP, you won’t be ordered to pay child support on your husband’s behalf, unless it is found that neither of the children’s parents can sufficiently support the children themselves. He won’t be ordered to sell his car just for an assessment (but if he’s using it to earn an income, such as renting it for weddings or some such, then that income will be taken into account by CSA when assessing his taxable income).

But he does need to speak to CSA, or risk them making an assessment without his input. They may look to past tax returns or to the mother’s submitted material to determine whether and how much child support he should be paying. If the mother requests it, CSA can also assess against potential earning capacity rather than actual earnings.
 

Tomlin

Active Member
5 June 2019
7
0
31
Okay, cowboys, pull up a bit here.

First, @KKaren, you’re talking about recovery of a child support debt, not an assessment. You have to be assessed to pay child support before you can fall into arrears for not paying it, and you have to fall into arrears before the court will order a party to sell assets as a means to debt recovery. What won’t happen is an order to sell assets just for an assessment.

Second, @Tomlin, the amount a person pays in child support is dependent on care percentages and taxable income, not simply because ‘the kids need to live to’. A parent who earns nothing may be assessed to pay nothing. Again, they also won’t be ordered to sell assets for an assessment.

@OP, you won’t be ordered to pay child support on your husband’s behalf, unless it is found that neither of the children’s parents can sufficiently support the children themselves. He won’t be ordered to sell his car just for an assessment (but if he’s using it to earn an income, such as renting it for weddings or some such, then that income will be taken into account by CSA when assessing his taxable income).

But he does need to speak to CSA, or risk them making an assessment without his input. They may look to past tax returns or to the mother’s submitted material to determine whether and how much child support he should be paying. If the mother requests it, CSA can also assess against potential earning capacity rather than actual earnings.
If that's the case why do they ask if the other parent has a car or property
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
hey ponies... Pull back on the reins...
CSA can order a change of assessment if the parent's lifestyle doesn't match their income as per tax returns. So my ex owns a mobile home, went to spain and mexico in the same year. This parent has a taxable income of $5000. So I could ask for a change of assessment based on income not reflecting lifestyle... BUT csa cant force the sale of assets. The courts can.
2.4.1 The Formulas | Child Support Guide
have a read
 

Tremaine

Well-Known Member
5 February 2019
183
31
514
If that's the case why do they ask if the other parent has a car or property

Because if they’re making money from any of those assets - for example, rent from an investment property, income from uber driving, etc. - then that’s all taxable income to be taken into account in a child support assessment.
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
Actually, I don't think CSA ask anything about cars. Not unless the other parent asks for a chance of assessment as mentioned above. But it is not a routine question. And no CSA wont take anybody to court. They enforce court orders they do not request a court order be made.
 

Tremaine

Well-Known Member
5 February 2019
183
31
514
Actually, I don't think CSA ask anything about cars. Not unless the other parent asks for a chance of assessment as mentioned above. But it is not a routine question. And no CSA wont take anybody to court. They enforce court orders they do not request a court order be made.

Agree, they don’t ask about assets unless someone is seeking a change of assessment under special circumstances. The Court will obviously ask about assets for debt recovery, but CSA won’t ask about assets in an ordinary assessment.
 

Tomlin

Active Member
5 June 2019
7
0
31
Actually, I don't think CSA ask anything about cars. Not unless the other parent asks for a chance of assessment as mentioned above. But it is not a routine question. And no CSA wont take anybody to court. They enforce court orders they do not request a court order be made.
they asked me.does the parent have a car or property and what bank do they bank with and does the parent travel overseas