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

[missgg]

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

The agreement was done 3 years ago. His earnings in the last few months have almost quadrupled. So that now affects my Centrelink payment.

 

[sammy01]

Yup, still don't see it. Sorry. His income increasing gets you more child support but won't impact on Centrelink payments. Especially when the increased income is only for the last 3 months.

I think you want to check your facts.

 

[missgg]

yup still don't see it. Sorry. His income increasing gets you more child support but wont impact on centrelink payments. Especially when the increased income is only for the last 3 months.

I think you wanna check your facts

You do know what a binding agreement is, don't you? If you did you would realise that there is a set amount for the child support, it does not go up or down depending on his income. Family tax benefit is worked on also the amount of child support you receive.

The binding agreement amount does not come into play when the supposed amount is higher. Even though I am not getting that supposed amount, Centrelink work off that amount! So I know the facts in that department!

 

[AllForHer]

What exactly do you mean by 'supposed amount'? Is the 'supposed amount' that you keep referring to the amount that's written into the agreement? Or is it the assessed amount stipulated by the CSA formula?

I agree with @sammy01's sentiment that you are being vague, and if you want the help of people who work off facts in order to solve problems, then you're going to have to attempt some clarity about the facts of what your situation is.

If you're not willing to do that, then the only other suggestion I can offer is to file an application with the Court under s 136 of the Child Support Assessment Act to have the agreement set aside.

 

[missgg]

What exactly do you mean by 'supposed amount'? Is the 'supposed amount' that you keep referring to the amount that's written into the agreement? Or is it the assessed amount stipulated by the CSA formula?

I agree with @sammy01's sentiment that you are being vague, and if you want the help of people who work off facts in order to solve problems, then you're going to have to attempt some clarity about the facts of what your situation is.

If you're not willing to do that, then the only other suggestion I can offer is to file an application with the Court under s 136 of the Child Support Assessment Act to have the agreement set aside.

I'm sorry for not giving the appropriate name. It's the Notional Assessment. Once again I cannot receive that amount due to the binding agreement in place. And once again that is the amount they use to adjust my Family Tax Benefit.

I only put this in as to see if it would help me somehow terminate this agreement. Along with him not making his payments as he set them out in Binding agreement.

 

[sammy01]

Calm down.

So read this:

2.7.1 What Is a Child Support Agreement? | Child Support Guide

and

2.7.5 Changing or Terminating a Child Support Agreement | Child Support Guide

So the bit that kind of interests me is the complexity of it all. In short, if the BFA has a small leak, doesn't quite fulfil the requirements it can be tossed out, so appeal to CSA then AAT...

Now, just checking. You got independent legal advice? Did you ignore the advice? 'Cause I have to tell you the bleeding obvious, you should not have signed the thing. But I don't have the whole picture. Did you get a huge part of the assets in lieu of child support? Anything we're missing because I fail to see how your solicitor told you to sign the thing

So I'm not sure you know the facts of the DHS, don't think I do either. Did you read the links I sent you? So appeal then take it to AAT and if that don't work your only chance is court (unless the ex is prepared to vary the agreement)

Hey, just checking - Did you push for the BFA? My ex pushed for a BFA but I refused because, well, they are binding. So now my kids live with me. Can you imagine - I could have had a BFA that forced me to pay her $500 a fortnight even with the kids living with me....

 

[Rod]

A BFA is a contract. If the other party commits a serious breaches of the contract, it can be torn up. Might be time to it.