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NSW Ex Fled Country Without Paying Child Support

Discussion in 'Family Law Forum' started by Rosiegrego, 13 July 2015.

  1. Rosiegrego

    Rosiegrego Member

    13 July 2015
    Likes Received:
    My ex hasn't paid child support and has taken off to Italy. Can I place a caveat on his superannuation to retrieve that money before it is released to him?
  2. Sarah J

    Sarah J Well-Known Member

    16 July 2014
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    Hi Rosiegrego,

    Have you contacted the Child Support Service? If not, you should do so immediately. You may still be able to enforce your child support order even if your ex is overseas. Many countries outside of Australia have reciprocal arrangements with the Australian government which means they will help you enforce Australian child support orders. However, this will depend on the country. I am not sure what arrangement Italy has with Australia. You should contact the CSS to enquire. In some cases, a court order may be needed.

    In response to the caveat question, does your ex have any other assets in Australia you can place a caveat over? To place a caveat over someone else's property requires you to have good cause. This means, you must have a legitimate interest in the property caveated, not just a claim in general debt against the ex. If you can't show sufficient good cause, you may be penalised with costs. I am not sure whether you can enforce child support against superannuation. If not, you should not place a caveat over this. Contact Legal Aid NSW, Department of Human Services or Women's Legal Services NSW for more information and help.
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