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NSW Child Support Dispute and Financial Hardship - What to Do?

Discussion in 'Family Law Forum' started by Trin3of7, 6 November 2015.

  1. Trin3of7

    Trin3of7 Active Member

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    Just a question about child support. I am struggling really bad financially. I do and have been on top of my child support until now.

    It has been seven years and I have been going to family court to fight for access to my children and to spend more time and communicate with them more. I am not entitled to legal aid or Aboriginal legal aid because I earn too much and the children live interstate.

    I have gone out and got myself a family lawyer. I have applied a change of assessment in child support but they keep knocking it back. All I wanted was to lower my payments until the family court was done and then I am happy to pay back any overdue amounts.

    I do work fulltime and I travel interstate once a month to see my children which costs me roughly around $1500 per trip, plus a rent of $700 a fortnight, and trying to pay my lawyers off and other bills. I struggle pretty bad when I leave the bills to go so I don't miss out on seeing my boys.

    When I had some time to travel, they had not been there or when I rang on a Sunday, the other party would not let them talk to me. We have family court orders written up which she has breached. I have gone on to file for contravention orders, and the family assessment report was fully in my favour and support every thing I asked for.

    My ex and I then went to mediation and she did not agree to anything from the family report, (she has Legal Aid) now we are going to trial. My lawyer needs my bill to be settled before he can start preparation for the trial and to brief a barrister who costs $3000 a day. The trail is set over four days.

    Now why can't child support see that I am financially struggling? I'm trying to communicate and spend time with my children and this is will cost a lot. As part of their act or polices, they are not to put either parent in financial hardship.

    Can someone please explain their reasoning and thinking behind what they think being in financial hardship is?

    I can not even access my superannuation because I have been on centrelink benefits for 26 weeks and yet, one of the clauses also state financial hardship. So what do I do?

    I am at a stage where I just want to give up work and everything like fighting for my kids and to just let it all go, and hopefully, when they are old enough to make their own decisions that they will come and look for me.

    I have been fighting with child support over their wording and definition, and they can't give me a clear answer to my questions of how they define their act or polices. I have been writing letters to the minister for human services and the prime minister.

    So any help would be very much appreciated
     
  2. AllForHer

    AllForHer Well-Known Member

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    Unfortunately, child support is calculated on taxable income and it's not assessed against your other living expenses.

    I am confused about contradicting information here, such as earning too much for Legal Aid but also receiving Centrelink benefits, but in any case, if the cost of spending time with your child is more than 5% of your taxable income, you may be able to apply for a reduction on grounds of special circumstances. Travel costs, accommodation, phone bills and Internet may be considered in the assessment.

    Does anyone else have some insight on this?
     
  3. Trin3of7

    Trin3of7 Active Member

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    I work full time so when I applied for legal aid, they said I earn too much to qualify for it and since the case is of interest to them, that did not help as well.

    When applying for special grounds, any suggestions on how I can do it? How do you qualify for special grounds?
     
  4. AllForHer

    AllForHer Well-Known Member

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  5. sammy01

    sammy01 Well-Known Member

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    I agree with the last poster. I'd also suggest you seek a reduction in your child support if it has increased because you're not seeing your kids. If that is the case, you should be able to seek 14 weeks (I think) where the payments don't change because you have shown that you're taking action to re-instate the orders.

    Oh and you can appeal to the Administrative appeals tribunal if you get no luck out of CSA...

    You need to hurry. I think CSA have a 28 day limit on making an application to appeal a decision.
     

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