NSW Child support terminated

[LouisW]

Hi,
Yesterday I was told the receiving parent has decided to terminate my child support payments. I can’t understand why. The RP has also told me to stop my private health cover of the kids and that she will not accept any money from me. She will also be telling the kids she has total financial responsibility of them. Lastly, the children were placed in private schooling without consultation - I do not contribute to any private schooling. Are there any legal consequences or things I should know in the future?

 

[Rod]

Hard to comment without more detail.

What is the background, what court orders are in place, how long ago, what do you now want?

 

[Clancy]

Be warned.... Usually when Child support is rejected, the most common motivation will be from the other parent trying to justify to themselves the things they have done and or will do towards distancing you further from the children s life's..... they want you gone! its that simple.

 

[LouisW]

Hard to comment without more detail.

What is the background, what court orders are in place, how long ago, what do you now want?

Court orders are two years old. Other patent doesn’t follow them at all. The kids are meant to be brought down (5hrs) four times a term and I have them 55% term holidays and 50% Christmas holidays.
I now go and see them twice a term taking a long weekend (4 days, having them 3 nights) and often get them for 70-80% of all holidays.

I am happy to pay child support, not happy to pay private school. I pay for lots of extras like sport, computers, phones, clothes, sporting uniforms, sport camps, private health care and 50% speech therapy.

I am concerned that there are legal ramifications that I can’t see that will come to a head further down the track!

 

[sammy01]

Nope - So you were paying through their system? As in paying Child support through CSA?
So you can call them up - demand they take your money... But they wont.. I know, I know. Crazy... But they cant take your money unless the ex tells them she wants them to collect it. So if this goes to court you are all good. Yes your honour, I'm not paying child support. But your honour, she has refused to take the money...

 

[Rob Legat - SBPL]

Fully document her refusal, and the following steps. Take the money you should have paid and put it in a separate account you don't touch. Send a letter to CSA confirming your action (which they'll probably just file). Also send a letter stating what you're doing to your ex, and the reason why you're doing it. Every 6 months repeat the letters to confirm the situation is still in place.

That way if it is a trap you're not caught short later.

 

[Rod]

I'd put the money into a separate account, but not tell her. In case she changes her mind, or thinks of a new and inventive way of claiming she needs the money for the kids and then spends it on herself.

And I'd keep the CSA correspondence somewhere safe in case it is needed in 10-15 yrs time.

 

[sammy01]

I'd write to her and ask why she ceased the child support...
No response? Sweet.
Response? ok, deal with that then

But there is no back pay in child support. It is payable from the date of application. So forget stashing the money in the event that she changes her mind... Stash the money and take the kids on a great holiday with it... you're not responsible for her bad choices.

 

[LouisW]

Fully document her refusal, and the following steps. Take the money you should have paid and put it in a separate account you don't touch. Send a letter to CSA confirming your action (which they'll probably just file). Also send a letter stating what you're doing to your ex, and the reason why you're doing it. Every 6 months repeat the letters to confirm the situation is still in place.

That way if it is a trap you're not caught short later.

Awesome advice, thank you.

 

[Rob Legat - SBPL]

I probably should have added something along the lines of: Having the money available to pay her is only a secondary consideration. CSA will only go back a small ways (but who knows with them sometimes).

The real point of putting the money away is that you'll have a decent amount to give them/apply towards their future when they become adults.