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VIC Ex Applying to Child Support for Orthodontic Treatment?

Discussion in 'Family Law Forum' started by Clancy246, 9 August 2016.

  1. Clancy246

    Clancy246 Active Member

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    I am currently not working due to recent major heart surgery. My ex-partner is aware of this and has decided now that she will organise our son's orthodontic treatment (this has been on the cards for 12 years). Previously, I had been happy to pay my portion should she provide a detailed quote from the orthodontist as I have some health insurance, but she refuses to provide this to me and just keeps telling me to pay half of 15k.

    Nobody in their right mind would just hand over this sort of cash, especially as she is long-term unemployed, has a documented history of drug dependence and mental health. She has advised me recently to pay her the money or she will go to Child Support.

    She has now sent an application to Child Support for this.

    My questions are:

    1. Do I have a right to object to 18-year-oldold son undergoing this treatment before she starts it in 10 days time?

    2. At the very least, do I have the option of requesting she shops around? She has selected the most expensive option as she can pay it off interest free and get a lump sum of cash from me.

    3. Can she really just go ahead and do this against my wishes and then get money off me after the fact?

    Thanks for your time.
     
  2. AllForHer

    AllForHer Well-Known Member

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    One of the conditions which leads to the cessation of child support is when the child turns 18 years of age.

    Even if the child was under 18 years, child support for orthodontic treatment is considered a 'special reasons' issue. It can be attained only if the treatment is considered necessary for the child's well-being.

    In short, she will most likely be unable to claim child support for this matter.

    $15,000 is very expensive for orthodontic treatment. The average is about $6000. If you still want to contribute, maybe you shop around yourself and advise that you'll pay half of what you think is the most reasonable quote.
     
  3. SamanthaJay

    SamanthaJay Well-Known Member

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    In Victoria now, average is more like $7000 to $8000 for orthodontic treatment. Also most orthodontists offer a payment plan. I'm on my 3rd with 3 different orthodontists. The middle child's treatment cost $6000 7 years ago.

    Is your 18 year old on your health insurance policy?
     
  4. sammy01

    sammy01 Well-Known Member

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    One - tell her to get stuffed.

    Why?

    Child support won't make you pay. (Well they might - but she will have to make a good case and by the sounds of things, she is too lazy)

    2. Once the kid turns 18 or finishes school then CSA is no longer payable.
     
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  5. Clancy246

    Clancy246 Active Member

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    Thanks heaps for your replies.

    Our son is 18 but she can claim to end of the school year which is fair enough. No issues there. I do pay for health insurance extras - an orthodontics claim will pay around $2500 but they need the quotes which she won't provide, plus she wants more money.

    As she is living on welfare she intends to continue claiming child support. I think its called adult maintenance or something like that for his uni books and food etc. Not really happy about this one considering my wife and I did it the hard way - student loans, 2 jobs, etc.

    I am also concerned that she is going ahead and starting the treatment now before anyone can say no to it (me and Child Support) and then she will try and get the money off me after it is already spent.
     
  6. sammy01

    sammy01 Well-Known Member

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    Forget about uni maintenance. It don't exist. She is mad.

    Let her pay to get the braces on. This should be funny.... She thinks she can say 'but I've already spent the money. Not a great defence. Oh and you've been paying health insurance. Mate, she's got nothing.
     
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  7. AllForHer

    AllForHer Well-Known Member

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    Adult maintenance does exist, but she's probably not going to get it since you're both on benefits for various reasons. It's my understanding that it also requires an application to the Court, rather than just to the Child Support agency, as well, and she won't get legal aid funding for that.
     
  8. Clancy246

    Clancy246 Active Member

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    Thanks for your responses. I am on a self funded break due to open heart surgery. i am not entitled to welfare due to wifes earnings. I will be back to work in the 2 months. Does that make a difference?
     
  9. AllForHer

    AllForHer Well-Known Member

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    Well, she can't make a claim for child support against your wife, if that helps (except in very exceptional circumstances - and again, this also requires an application to Court rather than CSA).
     
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  10. Clancy246

    Clancy246 Active Member

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    An update on this one... still no idea where I stand, but she has submitted all the documents to child support to have me pay half of the treatment under "Special Need of Child".

    She has also gone ahead and signed our son up for the very expensive 15k plan against my wishes and his braces have been fitted. Waiting on a response from Child Support.
     

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