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QLD Consent Orders - Ex husband wants to set aside

Discussion in 'Family Law Forum' started by Nicola1970, 19 March 2015.

  1. Nicola1970

    Nicola1970 Member

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    Hello.
    I received a letter from my ex husband's lawyer 3 days ago with respect to him seeking to set aside our existing court orders created in 2004. We have 3 children aged 16, 15 and 12. All children lived full time with me until my eldest son, then aged 14, went to live with my ex husband in July 2012 . In April 2013 they moved interstate 2000km away returning to our home town. He then proceeded to entice my daughter in July 2014 to move down which she wore me down about as she wanted to attend the private school he promised to send her to and live closer to all of our family as opposed to living in QLD where we have no extended family. My son aged 12 is the only child who remains in my care. My eldest son tells me he intends to finish this year (year 11) and then leave for an apprenticeship. My daughter who is in year 10 tells me she intends to finish her HSC living with her father but then wants to return back to live with me and attend university.

    The court orders state my ex was to pay me $55 per week per child, annatised each year by 3% so now that amount is approx $76. Since 2012 when my eldest son went to live with my ex, he was to pay me for the other 2 children in my care but he refused and bullied me to accept payment for only one child as he believed that fair as we had one child each we were providing for and so he should only pay me for the extra one in my care ( child support were told that I was receiving the full amount for 2 children and centrelink adjusted my family payments believing I was receiving more than I actually was) To put this decision into perspective my x husband was extremely abusive and violent to me during our marriage and my eldest son now living with him threatened to excommunicate me if I did not agree to my x husband's demands. At the time I was clawing my way through a degree and working part time so it was extremely hard financially. When my daughter went to live with him he said he shouldn't have to pay any child support and again Centrelink / child support were told I was receiving the full amount he should have paid me for 1 child in my care as per the consent orders. The amount he should have paid me over the past few years amounts to thousands, but I guess that boat has sailed as I have stated to authorities that it was paid. As our consent orders are very silent about the situation of the children leaving my care and living with my x, child support have been using their standard assessment method for assessing for the 2 children in his care. I finished my degree and have a govt job and what has recently happened is my income has exceeded his as I am currently earning about $75k and he is claiming his income to be $55 which I know to be more (probably equal or more than what I earn in truth) as he is a well oiled machine when it comes to getting what he can from the govt and not paying taxes. So now child support are deeming I should be paying him about $27 per week per child, which is currently being offset the payment the consent orders state he should be paying me for the child in my care. Outrageously he has gone to a solicitor stating this is unfair and unjust and he wants the court orders set aside to be able to claim the full amount child support have assessed payable for the 2 children in his care.

    So after all of that background I have 21 days to sign the form to revoke the consent orders or face expensive court to try and retain them. I would love to be able to hang on to the consent orders as it states a fixed amount he has to pay no matter how much manipulating of his income he does, which protects me from him being assessed on a ridiculously low income. Taking into account my eldest son will at the end of the year be in the work force and my daughter intends to come back to live with me in 2.5 years (the consent orders also state he is to continue to pay child support if our child goes to university) I think it would be very unfair and unjust if those consent orders did not exist in the future.

    Any comments and help would be very appreciated. I'm happy to answer questions to clarify any details also.
     
  2. AllForHer

    AllForHer Well-Known Member

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    I definitely understand your frustration and anxiety about this situation, but if I'm frank, I can't say with any certainty that you would have much luck retaining the current orders if it were to be decided in arbitration.

    Basically, if the father pursues the matter in court, he will need to show that circumstances have changed significantly enough that the current orders no longer meet the best interests of the children, and given the relocation, the change of residency, and the children's ages, the father would probably succeed in having the orders changed.

    The motivation of child support won't have a lot of ground, because realistically, the father has two of the kids in his care full time, and must pay for their upkeep, so if he didn't have orders, he would rightfully receive child support to help with their maintenance.

    Since you've deviated from the orders anyway, I think you would be better off attending mediation with the father and negotiating a middle ground. It would be costly to have this matter heard in court - perhaps more than what you would receive in child support anyway - and I can see strength in the father's case. A negotiated agreement will probably be more rewarding for both you and the kids.

    Sorry I can't be help or provide a more positive outlook.
     
  3. Nicola1970

    Nicola1970 Member

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    I appreciate the time you've taken to comment on my post All For Her. Thank you for your opinion, it is helpful.
     

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