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QLD Child's Father Not Adhering to Child Support Agreement - What to Do?

Discussion in 'Family Law Forum' started by missgg, 18 May 2016.

  1. missgg

    missgg Active Member

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    Hi,

    I am in a Child Support Binding Agreement with my child's father. In this agreement, it states on his part at how much and when payments are to be made. What happens when he fails to stick to this?

    It took thousands of dollars to enter this, yet have been told repeatedly you can rarely get out of such an agreement. Yet it seems pointless as it's not being adhered to. Also, his supposed child support payments are over double of what is in agreement, which has now cut my Centrelink payment off.

    Any help would be much appreciated.
     
  2. AllForHer

    AllForHer Well-Known Member

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    So, I might need someone else to confirm here, but it's my understanding that a binding child support agreement is filed with the Child Support agency/registrar, which grants the CSA jurisdiction to also pursue its enforcement. As such, you should call CSA about enforcing this agreement.

    I can't say with any certainty what the outcome will be if the complaint is that his payments are exceeding the agreed amount, though. Usually, it simply builds to a credit on the child support account and I believe it can be refunded back to the paying parent on application. Don't quote me on that, though, I may be wrong.

    Anyone else?
     
  3. missgg

    missgg Active Member

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    Thank you for replying.

    The binding agreement was done via our lawyers. I have spent numerous phone calls with Child Support and they can't force him to pay. They are more or less the collectors, which wasn't part of the agreement.

    The agreement was for payment to be made directly to my nominated bank account. As for the Notional child support amount, I can't get any of that due to our agreement. I actually thought at the time of signing this that I was doing the right thing. As previous child support payments where all over the place, so thought this would at least make the payments coming in reliable.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Was the agreement actually filed with and accepted by the registrar?
     
  5. missgg

    missgg Active Member

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    Yes it was. The agreement has been in place now for 3 years, and it is set to continue until my son is 18. :(
     
  6. sammy01

    sammy01 Well-Known Member

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    So request CSA collect it for you. Sorry, I'm a bit confused. If the amount is less than CSA assess then they will collect the amount they determine he needs to pay. If however they accept your binding agreement then they should collect the amount stipulated in that.

    I reckon it is much easier to work with CSA than have to discuss money with the ex.
     
  7. missgg

    missgg Active Member

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    CSA is collecting what the binding agreement amount is. But it is always overdue, it is never on time and sometimes not even the amount of what is in the agreement. But they can't enforce what the agreement says on when payment is due. That's why I want to know why is such a tight agreement nothing is done on his part when he fails to do what is in the agreement.

    There are many terms on my side that if they happen then all payments stop, but nothing for his breach of the agreement.
     
  8. sammy01

    sammy01 Well-Known Member

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    Ok, so how late are payments and how much do they differ from the designated amount?

    Look you're getting some CSA. I hate to seem harsh but I have 3 kids under 10. They live with me 80% of the time. I have to travel to let them see the other parent. I also lose money when they go see the other parent because my kids have to be in after school care so I can work. So when they go see the other parent I still have to pay the after school care fees even when the kids don't go. Oh, and how much child support do I get zero. Nothing.

    Look short version - pick your battles. Just as likely the delays are caused by CSA, not the ex, but you do have a legally binding agreement. Nothing happens if he doesn't comply unless you choose to make a court application. That is your choice. You could apply for a contravention against him. That will make something happen. Kind of?

    That said - based on what you're saying, the courts might consider the contraventions minor and that might be because they are minor. So for example - my ex has refused to return the kids. The ex likes to have fun mucking be about. So despite court orders to say we have to meet at 4pm at XXXXX, which is 4 hours from both homes. She waits until 3.59 to inform me the car has broken down and gives me the choice to drive to that location to pick up the kids or wait until tomorrow.

    This sort of nonsense happens all the time. Now I consider then significant breaches of the agreement / court orders but not worth applying to court.

    Short answer - apply to court if you want to apply pressure to him. It is likely the court application alone will cost more than what he owes or accept the world ain't fair and move on...
     
  9. missgg

    missgg Active Member

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    Hmmm OK! Well everyone has their own situations and I have been more than accommodating to his wishes. And this time, he has left me with no Family tax benefit. It doesn't matter how much money comes in, it's the fact that this so called legally binding agreement cost over $4000 to do and yet it's worth nothing! Yet it's impossible to get out of. Though his other son gets full payment.

    Yes, I am the idiot that signed it, yet i was unaware that if his income multiplied by 4 that it would affect my Centrelink payment. Yeah, I should let it slide and wish him well on his next trip to Japan!!
     
  10. sammy01

    sammy01 Well-Known Member

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    Hang on a minute. I'm pretty sure that a binding agreement can't be implemented if it allows a parent to pay less. Look you're being a bit vague. I'm wondering is your concerned that because he earns more you get less family tax benefit?

    I fail to see how his income impacts your Centrelink payments. Even if your family tax benefit goes down, your child support would go up to rectify the situation
     

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