NSW Deadbeat Dad - CSA says

[Paul Elzey]

Any advice greatly appreciated. ! Thanks!
My name is Paul an American living in Bay St Louis , Mississippi. I have a son who lives in Taree, NSW, his name is Blaise.
Blaise was born in USA and shortly after birth the family moved to Australia to have a fresh start. Blaise is a dual citizen of USA / Australia.
Long story short the relationship ended in Jan. 2014. This is the beginning of the navigation of the child support system in Australia. Blaise has received over $1000.00 US dollars per month through my USA social security disability income (this is a earned income and you must meet certain criteria to be eligible). Blaise's mum has reported to CSA that this money is not to represent child support in her eyes. My income is currently 25,000.00 US dollars that I live on. In the CSA's system I am labeled a dead beat dad who has never paid a cent of child support. CSA is aware of the payment that Blaises mum receives in his name but refuses to credit because:
* Current legislation only allows both parties to agree this is for child support
* A recommendation for me to write letters to change the law if I don't like it
* An inquiry into the money back in Jan 2014 for me to not keep what is not mine from the CSA
* The excuse that I pay no money - USA government does.
* Human Services minister - Alan Tudge contacted. Dead beat label will continue.
I have been through every special process that exists within CSA to remedy the situation. The $40.000.00 US dollars my work record has provided my son over the years does not count. I am a deadbeat dad.
Regards,
Paul

 

[Rod]

You have given some good background, however what are your questions?

 

[Paul Elzey]

Hi Rod,
Thanks for replying. Well - My 1st question would be..CSA won't accept that monies received is in lieu of child support in the COA. Very little research would find that USA courts give the NCP a credit in these situations. The moneys 'intent' from USA is supporting the child. Intent is formed outside Australia. How can ex say not intended as support and have CSA agree? Can an agency really make legislation that changes the intent of the monies outside of Australia originally? Seems as logic has left the building.

 

[sammy01]

So why is the American welfare system transferring some of your pension money to Australia? ARe you able to stop the payments from America?

Next - you have 28 days to appeal the decision. You should do that asap.

 

[Paul Elzey]

Hi Sammy - SSDI is not welfare. Social security disability insurance. You earn it from stipulations. SS USA is efficient and sends to the registered payee..aka ex with whom child lives. Your child becomes the goose that laid the golden egg so to speak.

 

[sammy01]

So your SSDI sends money to the mother because of the American child support system? (presumably)... But your ex is ALSO claiming child support through our system? So she is double dipping? and the Australian mob are accepting it?

Am I right so far?

 

[Rod]

Who has the disability - you or the child?

 

[Paul Elzey]

give or take a few technicalities...Your correct. Insane.

 

[Paul Elzey]

I am disabled...my child claims off my work record.

 

[sammy01]

So surely csa cant double dip? They dont have the capacity to garnish money from your american bank account do they? So you are not paying twice?