VIC Ex Owes Me Child Support - Help with Child Support Agency?

[Tired frustrated]

Ok. First-time poster.

My ex-husband owes 100k in child support. I have received maybe 2 grand in 11 yrs. I regularly ring Child Support Agency to see what’s happening and always the same answer. We can’t get any payments, cannot find a source of income. He is a qualified boilermaker working in mines then goes working for himself then back to mines.

I have provided them with company details regularly when he changes jobs as well as every time he changes the abn number. He hasn’t done a tax return in 6 yrs and 2 yrs ago they dropped his assessment to his income being 10k a year that’s not even enough to pay his rent and they haven’t got that amount from Centrelink benefits or they would be garnishee his payments.

I have just lodged my tax return and they have adjusted his income back to what it always was when I was married 11 yrs ago back at $136k year but still saying the cannot find a source to collect money.

Is there any steps or process I can take to collect any of the outstanding monies or just have to sit while child support does nothing? My daughter needs braces and I cannot afford the $8k some of this money would be great to cover this.

I probably should have added he is very good at beating systems.. on property settlement of divorce court also granted me 50% of his superannuation but never seen a cent of that either just cost me $14k in legal fees.

 

[Atticus]

Is there any steps or process I can take to collect any of the outstanding monies or just have to sit while child support does nothing?

The CS registrar MUST pursue a debt unless it is either uneconomical to pursue or not legally recoverable.... I expect this falls into the uneconomical category...

A couple of options available to the CSA are departure prohibition orders.. May be useful if the payer goes overseas regularly for pleasure or business..

If you know of any firms that he works for under the ABN, CSA can look into sending that firm a garnishee notice

If he is out of the country & a name happens to come to your attention that he has appointed power of attorney, reporting this to the CSA may result in a direction to the POA to pay the debt from any property or money that S/he has control over...

Ultimately though It is very difficult if the payer goes to extraordinary lengths to avoid it, HOWEVER, the debt doe's not go away when the child turns 18, or ever... It is a registered maintenance liability owed to the commonwealth, & as such you can pursue it yourself through the family or civil court... 5.4.7 Payee's Right to Enforce Debt Via Court Proceedings | Child Support Guide

The CS Registrar can supply information to the court & become a party as well if they choose... If you receive a judgment in your favour this can be used to pursue the debt into the future..

This is a link that lists institutions that the CSA (or you if you have a debt judgment from a court) can seek to have a third party debt notice served to

5.2.9 Collection from third parties | Child Support Guide