NSW Ex Claiming Backpay for Child Support with Legal Aid?

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Ameer

Active Member
19 May 2017
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Hi

I hope someone can or is willing to assist. I have and have always for the past 10 years paid the correct child support, it was a mutual agreement. However we always went of the Child Support Agency for advice. My wages rarely changed as I work for the government, so each week it's the same, and I always lodge my tax returns. However in 2014, I went on 6 months half pay parental leave (my wife and I had a child together), in addition my ex was working cash in hand, not declaring this to the government or CSA.

Let me be clear I am and have never avoided my child support requirements, in addition I was seeing my kids 4 nights a fortnight and also tried to get them 50%, the mother agreed and then at the last minute she said no. We could not afford to take it to legal so we went back to 4 nights a fortnight, also did not want to put the kids through that.

I wanted my kids and I have always financially supported my kids.

In short, things started getting nasty last year, my ex started getting jealous (she was going through another divorce and things were getting nasty with her other 2 kids to that relationship, so she was not in a good place, and I became her target) and the kids were getting used as pawns, in short without my knowing she went to child support stating she is now taking the kids 100% of the time and for my wages to get garnished. I found this out via a call from child support, and about half an hour later she advised me via text. There was nothing I could do apparently, except go to Court, which my wife and I could not afford.

My question is I received a letter from CSA stating that I have to pay arrears of $6500, however my ex when I went back to work said for the next 4 months just pay what I had been paying while at half pay to help me and my wife out, as my ex was making enough through her on-line business and market, so the kids were not disadvantaged at all. We at that time and in the past have had a good relationship so never thought to have it in writing.

Anyhow she is now denying this conversation occurred (plus lying to the kids, which hurts the most) and I do not have evidence to support this (except screenshots of her business, which she has now since closed), CSA advised that they will not chase us for it as it was a mutual agreement and not through CSA. That we thought was all.

However my ex went to Legal Aid who requested the money and they state if we try to fight it we will also have to pay all the legal fees, an extra $2000.

In January 2017, Legal Aid sent me a letter, requesting the $6500 and that my ex is waiting to get approved via legal aid, I responded in January stating I did not feel comfortable discussing my finances if my ex had not been approved for legal aid (i.e. the lawyer was not yet retained), we did not hear back until now 4 months later.

Is there anyway not to have to pay this? Or do I have no choice. Firstly, we don't have the money, so if we have to pay I actually do not know how. My wife is currently on maternity leave with our second child.

Thirdly, my ex and my children are not struggling, we are in NSW, they are about to leave on a two week holiday to QLD, they have been going to movies and out to dinners etc, I can't afford this even if I wanted to, my kids here are actually going without and we as a family are struggling.

Help please.
 

sammy01

Well-Known Member
27 September 2015
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OK - so there is lots of madness here... Calm down...

CSA said they won't claim the back pay? True... Ok, so let her come after you through family court. While she is there she can explain to the judge why you have not been seeing the kids.

Next - when did you see the kids last?

Why not call Relationships Australia - organise mediation to try and get the 4 nights a fortnight re-instated... If that don't work apply to court. You can self represent and the good folk here will help. In fact, I would write back to the legal aid solicitor and invite them to organise mediation to discuss matters of concern pertaining to the kids... Make her legal aid solicitor do the work for you..
 

Ameer

Active Member
19 May 2017
10
0
31
To tell you the truth and this is hard for me to say. At the moment I do not think fighting for my kids will help the situation. Unfortunately my ex has turned three of them against my wife and I (I don't know how, but she has), my wife and I use to have an amazing relationship with my kids, I write letters to my youngest one, but I'm fearful it won't be long until that may stop.

I'm just praying when the kids are of age, I will be able to have a relationship with them. I'm trying to put the kids first and at the moment trying to fight for the kids, who three out of four of them don't want to see me for whatever has been said, I don't think will help them.

I feel like I am living in a nightmare, we had such a great relationship with my children and even more my ex, my wife and I had a great relationship also. Just do not understand how this can even occur.
 

sammy01

Well-Known Member
27 September 2015
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I am very sorry to hear.

Look if you don't want to try to use the legal system to gain access to the kids, lets just focus on this 'debt'... CSA administer child support. If they have determined you have nothing to pay as far as the $6000 'debt' then your ex is gonna have a hard time getting the $ out of you....

What really really sucks is that all us tax payers are funding legal aid solicitors who are trying to intimidate and harass good people to pay money that they have no obligation to pay...

I'd encourage you to continue to contact the ex requesting time with the kids... Do it every few weeks...
 

Ameer

Active Member
19 May 2017
10
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31
I'm just concerned as the legal aid letter states that the child support arrears owed is $6500, even though CSA stated that my ex had to go through legal to get the money as we had a mutual agreement, and that if we do not pay by the middle of June they will take us to the Federal Circuit Court with supporting evidence and we will also have to pay for her fees?

I'm really worried 1. We don't have the money to give her 2. We don't have any money to go to Court to try and fight it
 

sammy01

Well-Known Member
27 September 2015
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Look I do understand your concerns.... My ex had several different govt funded legal aid services writing me threatening letters. It is all bluff. These people should be shot for the way they behave...

CSA have clear rules... They are the ones who administer the laws around child support. If they say you owe nothing then listen to them... They also have an appeals process and as a last resort the administrative appeals tribunal... that is the process and the solicitor who is writing to you knows it....

They also know that the fear of court and the threat of having to pay her legal fees is going to be enough to cause some poor punters like you to choose to cough up the $6000 because it is cheaper than the risk of having to pay that money and pay her legal bills... But it is all smoke and mirrors and lies.

Mate I had one of these twits tell me that my ex was going to move away with the kids, even though I have court orders that say she isn't allowed to move more than 50km, unless she leaves the kids with me.

This twit told me that I had no chance and I should just accept it rather than putting everyone through the pain and expense of court only to lose. I politely told her where to go... and informed her that she was a liar...

So you have a few options...

1. Do nothing...

2. Write back to the solicitor - if you choose to do that post your intended response here first - remove all details, names etc of course. But in the letter explain that you do not owe her a debt. Explain that the ex has unilaterally removed your access to the children and request that the solicitor discuss this with her client to establish arrangements for your access to the children to be reinstated...

Go on dare ya
 

Hoang Trang

Well-Known Member
22 July 2016
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look I do understand your concerns.... My ex had several different govt funded legal aid services writing me threatening letters. It is all bluff. These people should be shot for the way they behave...

CSA have clear rules... They are the ones who administer the laws around child support. If they say you owe nothing then listen to them... They also have an appeals process and as a last resort the administrative appeals tribunal... that is the process and the solicitor who is writing to you knows it.... They also know that the fear of court and the threat of having to pay her legal fees is going to be enough to cause some poor punters like you to choose to cough up the $6000 because it is cheaper than the risk of having to pay that money AND pay her legal bills... BUT it is all smoke and mirrors and lies.

Mate I had one of these twits tell me that my ex was going to move away with the kids, even though I have court orders that say she isn't allowed to move more than 50km, unless she leaves the kids with me.. This twit told me that I had no chance and I should just accept it rather than putting everyone through the pain and expense of court only to lose. I politely told her where to go... and informed her that she was a liar...

So you have a few options...
1. do nothing...
2. Write back to the solicitor - if you choose to do that post your intended response here first - remove all details, names etc of course. But in the letter explain that you do not owe her a debt. Explain that the ex has unilaterally removed your access to the children and request that the solicitor discuss this with her client to establish arrangements for your access to the children to be reinstated... Go on dare ya

Wise wise words from sammy. This opinion alone would of costed my $400 from my lawyer
 

Ameer

Active Member
19 May 2017
10
0
31
Thanks so much for the advice. I'm a bit worried that her lawyer will fight hard for the money and we will be broke fighting back but I will write a response and post it on here for some help. Thanks everyone.
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Gold Coast, Queensland
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This isn't my area of practice (I don't practice in either family law or litigation), but I have some personal experience in this. I don't think your outlook is necessarily as rosy as the other posters have put it.

CSA works in two ways. They (1) assess the rate of child support to pay and (2) collect the child support as a debt due to the government, and then disburse it. These are separate. They will always assess the child support, but they will only collect it if the receiving parent requests them to do so (known as 'agency collect'). Otherwise, it is up to the parents to figure it out between them. If the file changes to agency collect, CSA will only go back a short period to collect arrears (1 - 2 months from memory). That doesn't mean that the rest is not payable.

If legal action is taken against you, the CSA assessments may be introduced as evidence of the amount you were required to pay. Unfortunately it appears you didn't rectify the false care percentage issue or get some proof of her agreement that you didn't need to pay (and odds are you won't get that now). I don't know who told you that you 'had to go to Court' about the care percentage - that is untrue. You should have objected to the change with CSA and, if they didn't accept that, taken the matter to the AAT.

The problem you will get if you do wind up in Court is that you 'accepted' these circumstances by not taking action to rectify them. You'll be in a position where you now have to prove that the claim against you is not valid by providing evidence to the contrary, and possibly convincing the Court why you are doing it now and not then. That may get expensive. I'd be seeking advice from a solicitor, now, as to what your options are to get back on the front foot before a claim is made against you.

I may be wrong, but that's my take on it.
 

sammy01

Well-Known Member
27 September 2015
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Yep he is right... He is a solicitor...warning... but he is right.. CSA will consider a 1-2 month back pay... But that number would be heaps less than $6000.

He has failed to respond to your concern that you would have to pay her legal fees. I'd love old mate to answer that one.... Because I reckon the $6000 is causing you some grief. I would argue it is worth fighting for.... But I understand your fear that it wont be $6000 it will be that amount plus legal fees. You are not going to pay herr legal fees. No no no.

So all you have to lose is the $6000 that she is after...... So my greatest concern is that old mate Rob the solicitor is telling you that you will need to spend money on a solicitor

Old mate the solicitor... do you honestly reckon this bloke could be forced to pay the costs for the ex's legal expenses that have been covered by legal aid....I'll answer for ya (of course not)