SA I have never received any Child Support payments for my son

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bluswima

Member
21 August 2017
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Hi all,
My son has been living with me full time for the last 10 years and I have never received a cent in child support from his father and I would like to commence the process to start receiving child support payments.
I understand I need to submit my application to Child Services to undertake child support assessment which i am in the process of completing.
My question is can I receive back payment for monies owe to me?
Can I put a caveat on his property?
What else should I do to get this process underway?
What make this case even more complex is that his father lives overseas.
Any help or suggestions would be much appreciated.
Regards
Bluswima
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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You should read this first: Child support when parents and children live overseas - Australian Government Department of Human Services

Enforcing any type of Australian order for payment against a person who is outside Australian territory generally runs from difficult to impossible. In your instance, f the country the other parent is in doesn't have a formal reciprocal relationship with Australia for enforcing child support debts, or doesn't have their own system of child support, it's probably going to be closer to impossible if the other parent isn't willing to pay voluntarily. If they do have their own system, it may work better for you to make your application there.

With your questions, generally:
- The Child Support Agency will only back collect a small amount. You'd have to take private action for the rest.
- Generally no. In another country? Anyone's guess.
- See above comments and below.

What you haven't said, however, is whether you've approached the father and asked him for support for your son.
 

bluswima

Member
21 August 2017
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Lennon

Well-Known Member
11 September 2014
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You can only caveat a property if you have an interest in that property - not just because you think the registered owner of the property owes you money. So no, you can't just caveat his property.
 
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AllForHer

Well-Known Member
23 July 2014
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Agree. The caveat option is out of the question. You don't have a legal interest in it.
 

bluswima

Member
21 August 2017
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Is there any other method I could potentially use. Is a lean something I could use or is that only apply when a tradeperson has done work and not been paid for it.
 

Rod

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27 May 2014
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Apply for court orders in the family court for property settlement. You'll need permission from the court before you can proceed. Include back child support in the order. May not get it but might be worth a try.

Once orders obtained and debt not paid, seek court orders selling property. Once granted put caveat on till property sold.

Suggest you need a lawyer to do all this. It will take both time and money. If Family Court knocks back your case, you may be able to try the Supreme Court. Definitely need help with that.

FYI: Lien is what you mean, and no, not applicable in your situation.