NSW Child support and property

[User4321]

Hi,

Just looking for some information regarding my family law case.

Just before final hearing in 2019 I had lost my job and was not able to pay child support.

Judge made a decision to give a much higher (about 85%) share to the other parent. One of the reasons he gave was that ‘the husband may not pay child support’.

But around that time I secured a job and the child support agency started to deduct child support from my salary on a monthly basis.

Just thinking is this something I can challenge in the court now? If she already got a much higher share in the property why should I be paying child support?

Thanks.

 

[Rod]

is this something I can challenge in the court now?

Time is not friend. You had a better chance in 2019, than you do now. Personally I don't like your chances, though you should ask your lawyer this question, and a second question about having Child Support recognise the higher amount you paid at settlement as per the judgement. Hopefully the judge indicated how much extra they allowed for Child Support. Again time is not your friend and I do not know the time frame for an appeal against a CS direction.

 

[Atticus]

Judge made a decision to give a much higher (about 85%) share to the other parent. One of the reasons he gave was that ‘the husband may not pay child support’.

The only part in S79 (property division) of the family law act that references child support as a determinate factor in adjusting a settlement division is:-

(g) any child support under the Child Support (Assessment) Act 1989 that a party to the marriage has provided, is to provide, or might be liable to provide in the future, for a child of the marriage.

As the amount of Child support payable under the assessment act terminates at 18YO & is entirely dependent on known factors, ie, care amount of each parent + income of each parent, & at least one of those factors was unknown (your income) it seems to me that the judge has pulled an arbitrary figure from the air & applied it.

I don't know how much the percentage was adjusted, or what it equates to in real dollars, but I believe you have reason to feel a little aggrieved. That said, I agree with @Rod that time is against you, & I don't know if there is some provision in the assessment act to take that adjusted amount into consideration. Doubt it, but worth asking your lawyer.

 

[User4321]

Thanks for your reply. The problem I am having is the legal advice I got from my lawyers and even barrister was completely incorrect. The barrister since beginning had been telling me that he was going to get me that and prepared the orders sought accordingly. How could I have known that I was getting wrong advice? He charged me more than $30,000 (thirty thousand dollars). I trusted him blindly thinking that he is a very senior and experienced barrister. The judge clearly said in the reasons for judgment that mine was never a case of ‘significant and substantial’ time (?!).

All I got in the end was just a couple of overnights in a fortnight with my child. The barrister simply walked away with the money. I felt that I was clearly cheated.

 

[User4321]

The problem I am having is the legal advice I got from my lawyers and even barrister was completely incorrect. The barrister since beginning had been telling me that he was going to get me ‘significant and substantial’ time in terms of parenting . He prepared my orders sought accordingly. How could I have known that I was getting the right advice or not? What is the way to verify that?

He charged me more than $30,000 (thirty thousand dollars). I trusted him blindly thinking that he is a very senior and experienced barrister. The judge clearly said in the reasons for judgment that mine was never a case of ‘significant and substantial’ time (?!).

All I got in the end was just a couple of overnights in a fortnight with my child. The barrister simply walked away with the money. I felt that I was clearly cheated. If I had the right advice from him I would have made the right decision at that time.

Is there any way I can hold him responsible for it and get my money back?

 

[Atticus]

Is there any way I can hold him responsible for it and get my money back?

Feel your pain, but In most cases lawyers get paid no matter what the outcome.
Only action you can take is a complaint to the law society if there has been some fairly clear breach of regulations that you can prove.

Did you have financial & parenting matters being dealt with at the same time?
*May* partially explain the reason for lump sum CS in the property division, on the back of > The judge clearly said in the reasons for judgment that mine was never a case of ‘significant and substantial’ time.

In any case, the time to raise it was within 30 days, as an appeal. And depending on what that decision equated to in actual dollar terms, may not have been worth more legal action.