VIC Is Child Support Payable When One Parent Withholds the Child?

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Muxaul

Well-Known Member
10 October 2017
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Dear readers,

I would like to know how much child care is payable from one parent to another in below situation:

After separation, dad wants 50/50 but mum wants full custody of children. Both parents failed on mediation and section 60 was obtained, and there is no parenting agreement whatsoever. Since then, mum has forcefully held up the child, would not let dad to see the child at all, zero.

My question is, if mum forcefully keeps the child with her every single day, does dad therefore pay for the child support based on 0% care, at least until a court order is made?

Here's the background story happened recently:

Mum never drop-off or pick-up child in exchange, so dad had been driving to and from her place as somebody has got to do the exchange.

Previously, when dad picks up or drops off the kid, mum would scream and yell at dad right in front of them. When dad approached mum's place in attempt to pick up the child, the 3-year-old saw dad over the glass, the child was extremely happy, and asked mum to open the door and wanted to go out with dad, yet mum took the child into the back side of the house. Dad waited outside of the house for half an hour, never opened the door, and never let the child get into the living room.

Dad has never committed any family violence or child abuse. Mum, on the other hand, have done both, and dad has evidence to prove it, although dad never reported to the police/ child protection when incidences happened. Yet mum previously has made false allegation against dad before but only managed to secure an interim IVO.


Kind regards
 

thatbloke

Well-Known Member
5 February 2018
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My question is, if mum forcefully keeps the child with her every single day, does dad therefore must pay for the child support based on 0% care at least until a court order is made?
Yes
 

sammy01

Well-Known Member
27 September 2015
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Yep court is the only option. You can self-represent and the good folk here can help with that..
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
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At least in the absence of orders, the Child Support Agent generally only cares about where the child is - not where the child should be.
 

King Neptune

Well-Known Member
9 January 2017
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Whether it changes things or not there are some changes afoot this financial year to tighten up payments in disputed (interim) care situations and the collection of over-payment, among other things. You could ring CSA to discuss what these changes mean for you (if anything), but I'd hazard a guess that the people who answer the phones there would have no idea.
 

thatbloke

Well-Known Member
5 February 2018
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At least in the absence of orders, the Child Support Agent generally only cares about where the child is - not where the child should be.
And unfortunately even when there are orders, that's all they care about.

We all know someone that has had their child withheld and the CSA have accepted the changes. All you can really do is delay by 12 weeks if that happens but as soon as the other side show proof that the child is with them they will make the change.

Those of the people I feel the most sorry for are the ones that actually have orders but then Centerlink and CSA totally ignore them.
 
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Rod

Lawyer
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27 May 2014
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... the ones that actually have orders but then Centerlink and CSA totally ignore them
I'd not given this area of CS much consideration.

Do many people obtain court orders directing CSA to pay money based on the court orders? Or just leave it to CSA and hope the right thing happens?
 

thatbloke

Well-Known Member
5 February 2018
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714
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I'd not given this area of CS much consideration.

Do many people obtain court orders directing CSA to pay money based on the court orders? Or just leave it to CSA and hope the right thing happens?
I have never heard of such an order but maybe someone else has. All the CSA and centerlink care about is who the child is with after the 28 day period in which they dont count care changes as permanent. I suppose that's another tip, Centrelink do not consider anything under 28 days to be permanent. For example, my son live with me. If i go overseas for 28 days they wont give Mum his FTB and the CSA wont change an assessment but, once it goes over that 28 days they might well do.

If anyone ever has this happen to them then the first thing they say is "its only temporary and it will be less that 28 days" The 2nd thing they do is to ask for the 12 week stay of change whilst the situation is sorted out. I will try to find the actual rules. I know i have it somewhere but i know for sure you can invoke the 12 week rule.

Unfortunately, as disgusting as it is, when the CSA or centerlink do change an assessment due to withholding they are doing the right thing by the rules as the child/children is with a certain parent and that's what they go on