VIC Child Support question

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Mother of two

Member
3 September 2018
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I have two children (5 years old and 7 years old). I have them 70% of the time and have been financially supporting them on my own since I separated from their father 3 years ago (he has recently paid for gymnastics and swimming lessons). I work full time and earn a decent living but before school and after school care is adding up (along with gas and energy bills). My ex has not worked since we split and is still living off the proceeds of our property settlement (approx $200k) and is renting. I have invested my settlement money in a mortgage. He has the capacity to get a job. Can I claim child support if he is not earning an income? I feel like he is not actively looking so to avoid paying child support.

A judge has placed a 5 year IVO against him on my behalf due to physical violence.
 

sammy01

Well-Known Member
27 September 2015
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IVO - irrelevant. But good to know for the purposes of giving advice...

You can apply to CSA based on capacity to earn. So what was his income (ballpark) 3 yrs ago before you separated? CSA could IF you asked make a determination on his capacity to earn and I reckon you've got a good case to pursue on that one... Is it worth it?
So I'm in a similar situtation. My ex is self employed and in an industry where cash payments are common. Easy to hide money. I have the kids 80% of the time.... I earn about $90K gross. So IF i lodged a dispute the first problem is that they are likely to accept the ex earns $50K and as such the ex would have to pay me about $40 a week. But the ex is self employed and is intent on not paying a thing... Short version, I'll never get the $$$ so even IF I win the change of assessment dispute, the ex will laugh at me and tell me there isn't gonna be any money, so I have not really won and really I've lost. In my case it is not worth it, not in my opinion anyways.

On face value, it is possibly worth it in your case. BUT you need to ask yourself is the stress worth it for the possible long term outcome. If you think it is then lodge the dispute. Maybe call CSA - worth the chat, ask them hypothetically about the sort of information they're gonna want you to provide and go from there.