VIC Child Support & Car Loan

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Zyxabc

Active Member
23 October 2020
5
0
31
Hold on this is a complicated one.
Looking for some advice
A couple of years ago I decided to rekindle my relationship with my ex (1 child who is almost 18 now). During this short time (3 months) I was convinced to take a loan for a car and register to her.
Since the separation it was agreed that I would pay the car loan instead of paying child support and we had a private agreement (I have this in writing). Then at the end of the loan she would pay the balloon payment and we would be done.
We recently had a disagreement on how the car loan wraps up and she had since recanted her agreement. She has claimed to child support that I have paid her nothing and they have commenced an investigation.
I am happy to pay either child support directly by not both child support and the car loan. Car loan is greater than she’s entitled too now.
To make matters worse, I contacted VICRoads and it appears she’s transferred the rego from her name - by means of either selling or transferring to her now partner.
Do I have grounds to seek a court order to repossess the car?
 

sammy01

Well-Known Member
27 September 2015
4,438
643
2,894
well this is a win. Move on... SEE CSA won't backdate. So she can claim child support from the time of application. NOT from time of separation or anything else...
Don't pay the car loan and it will be re-posessed. Sure your credit rating will take a hit, but it will recover
 

Zyxabc

Active Member
23 October 2020
5
0
31
well this is a win. Move on... SEE CSA won't backdate. So she can claim child support from the time of application. NOT from time of separation or anything else...
Don't pay the car loan and it will be re-posessed. Sure your credit rating will take a hit, but it will recover
How will they repossess if she’s transferred or potentially sold it to someone else?
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,785
928
2,894
In Vic, car registration does not equal ownership.

Register YOUR car asap on PPSR, then deal with child support.

And yes, you can repossess YOUR car. You do not need a court order to repossess your own property.
 

Zyxabc

Active Member
23 October 2020
5
0
31
So you're almost done with child support anyway.... CSA will be hard pressed claiming money off you if you have proof of a private collect agreement
She’s asked for 3 months back pay which she can do and now submitted an application to the end of next year.
 

Zyxabc

Active Member
23 October 2020
5
0
31
In Vic, car registration does not equal ownership.

Register YOUR car asap on PPSR, then deal with child support.

And yes, you can repossess YOUR car. You do not need a court order to repossess your own property.
Rod - I checked the PPSR and there is an interest in the name of the finance company.
Also - the sheriff said they wouldn’t do anything because of the registration being in her name
 

Atticus

Well-Known Member
6 February 2019
1,411
209
2,394
I contacted VICRoads and it appears she’s transferred the rego from her name - by means of either selling or transferring to her now partner.
Dubious if that's even legal if she knew there is an encumbrance on the vehicle ..... I would stop paying, & tell them (the lender) the name of new owner plus her & if you know it, his address
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,785
928
2,894
the sheriff said they wouldn’t do anything because of the registration being in her name

They won't - they need court orders.

Police will say it is a civil dispute and won't help.

Register your interest on the PPSR anyway.

Contact VicRoads and ask them what you do to get registration in your name as vehicle owner. You will need a stat dec and papers showing you purchased the car.
 

Zyxabc

Active Member
23 October 2020
5
0
31
They won't - they need court orders.

Police will say it is a civil dispute and won't help.

Register your interest on the PPSR anyway.

Contact VicRoads and ask them what you do to get registration in your name as vehicle owner. You will need a stat dec and papers showing you purchased the car.
I’m not sure what you mean by go and get the car? Would you suggest hiring a repossession company ourselves?

Unfortunately mitigating costs is a priority given she has managed to gain 100s of thousands from me over there by different means.
If the matter goes to court to get a court order will she be notified?