NSW Non-payment of Child Support - Suggestions?

[Chris Scott]

I have been separated for 2 years. During that time, my ex has never paid any child maintenance. He only has the girls (3 of them) 2 nights a week.

The Child Support Agency tell me because he works for himself they have no way of collecting the child support and that is just how it is. Surely this can't be right? They tell me he is legally obliged to pay it but they have no way of enforcing it.

He doesn't financially pay for anything regarding the children but goes on expensive overseas holidays.

Any suggestions

 

[Rob Legat - SBPL]

That's completely untrue. I'm self-employed and I pay child support. They send me an invoice every month. When it's agency collect, the support amount is a debt payable to the Commonwealth and they have extensive powers of collection - probably some of the most extensive available to government. They can, and will, rip it out of bank accounts.

 

[Chris Scott]

That's completely untrue. I'm self-employed and I pay child support. They send me an invoice every month. When it's agency collect, the support amount is a debt payable to the Commonwealth and they have extensive powers of collection - probably some of the most extensive available to government. They can, and will, rip it out of bank accounts.

I did give them bank account details for him but was told they had exhausted all avenues at the moment. I thought maybe they could escalate the debt to a debt collection agency which it says is a viable option on their website.

 

[Rob Legat - SBPL]

They can find bank account details on their own. I had a dispute with them over an amount they claimed I owed in child support. They simply went and found my bank account, issued a notice to the bank, and withdrew the money. Either the other parent simply has not money, or CSA are trying to fob you off. They have the power to get the funds if they can find them.

 

[Trozza]

I have been separated for 2 years. During that time, my ex has never paid any child maintenance. He only has the girls (3 of them) 2 nights a week.

The Child Support Agency tell me because he works for himself they have no way of collecting the child support and that is just how it is. Surely this can't be right? They tell me he is legally obliged to pay it but they have no way of enforcing it.

He doesn't financially pay for anything regarding the children but goes on expensive overseas holidays.

Any suggestions

We're having the same issue, CSA originally told us they couldn't locate him, since then, we have provided the CSA with Name, address, bank account details, proof he is running his own business, including the ABN but they still say they have no way of enforcing payments..? Have you had any success since you had posted this?

 

[sammy01]

In my experience if the ex is intent on not paying and they are self employed they will get away with it... Cash in hand work to reduce taxable income is the obvious one. But even if CSA investigate and find you have a claim the ex can do all sorts of things like swapping banks every few months...

I felt it was not worth pursing because of the pleasure it brought her to know she is getting away with it...

 

[KKaren]

$40k+ CSA debt over 13 years, Court Orders he has to pay it. Commonwealth ombudsman involved and the CSA agency do nothing.

They told me to take it to litigation they have to 100% know they can collect the areas plus costs. If they can’t do that, they don’t litigate. EVEN when the court orders them to collect the debt.

 

[Scruff]

Keep in mind that CSA can't touch bank accounts that are in a company name and I'm not sure, but the same might also apply to accounts in a business name.

Anyone can register a company or business name and it's easy to conduct all personal transactions through those accounts.

If someone doesn't have or use any bank accounts in their own name, I doubt there is much CSA can do about it.

 

[Bobbyadelaide]

They can take child support from tax etc and yes they can take from bank account, if they know the fathers contact details than its easy for child support to get fund

 

[Tremaine]

Keep in mind that CSA can't touch bank accounts that are in a company name and I'm not sure, but the same might also apply to accounts in a business name.

Anyone can register a company or business name and it's easy to conduct all personal transactions through those accounts.

If someone doesn't have or use any bank accounts in their own name, I doubt there is much CSA can do about it.

Interestingly, they also can’t recover a child support debt from a joint bank account because they can’t tell who owns what portion of the balance when it’s owned by more than one person.