NSW Non-payment of Child Support - Suggestions?

[Atticus]

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. ...... 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

I realize this is an old thread. May be relevant for others reading though..

As mentioned, there are ways of dodging a liability to a certain extent. Holding savings in another persons name or joint account is one, HOWEVER. Other remedies that are available to the CSA are

1) Issuing a departure prohibition order... Particularly relevant in this case if the payer is taking overseas trips.. A DPO prevents a person from leaving Australia until a registered liability is paid in full, or arrangements are made to pay it.. I believe it can also prevent a person who is trying to reenter Australia from doing so until a debt is addressed in a an acceptable way.

2) If money is being held by another person on behalf of the debtor, when the debtor is out of the country, a garnishee notice can be issued directing payment of the debt.

3) If the payer is being paid by a large contractor for work performed, a garnishee notice can be issued to that company to pay the debt from monies owed to the payer.

4) If the debt is a registered maintenance liability, it is money owed to the commonwealth.. a payee can take civil action to recover the debt at ANY point in the future from superannuation payments to inheritance

5) Don't know this one for sure, but I'm wondering if this kind of debt would also be accepted as a caveatable interest over real estate held in the payers name

 

[Rod]

re 5: No.

 

[Damien8]

If he has assets they can take him to court and sell them .
If he goes overseas they have the power to stop him at the air port and enforce him to pay.

 

[KKaren]

If he has assets they can take him to court and sell them .
If he goes overseas they have the power to stop him at the air port and enforce him to pay.

They can stop them at the airport, but cannot force them to pay.

 

[Damien8]

They can stop them at the airport, but cannot force them to pay.

Hi Karen
I was informed by child support agency ,that id the father travelled overseas they would have the federal police stop them at the air port ,have you been told the Same

 

[sammy01]

they can stop him at the airport... But, you need to have CSA make an order, it doesn't apply just because there is a debt.
5.2.11 Departure Prohibition Orders | Child Support Guide

So, this gets messy... Ask for the register to make that order incase the ex wants to travel? OR wait till you find out the ex is travelling and see what happens first - plane takes off at 300km per hour OR CSA makes a decision and sends it to customs to me enforced? I know which is faster..

 

[KKaren]

Hi Karen
I was informed by child support agency ,that id the father travelled overseas they would have the federal police stop them at the air port ,have you been told the Same

Yes. They don’t let them leave. But they can’t make them pay.

Because of this happening, I’m now involved in unending litigation. He’ll never pay his debt. The CSA is useless, even when court orders are in place. They do nothing.

 

[sammy01]

agreed. In my experience - if the ex doesn't want to pay and they are self employed it is a complete waste of time chasing them through CSA.... My ex does tax returns every 2 yrs.... Why? because if the ex didn't then it would default to average male weekly income.... And that would cause the ex to have to pay.... But of course, as a self employed person, working almost exclusively for cash it is all for NOTHING...

As the primary carer of 3 kids on a decent income as a teacher, I'm ok... But I know the ex is earning enough to have to pay not much... But still. So the problem here is that because the ex earns cash, there is no debt because the ex declares an income of about $20K a year. So my ex went to Europe and South America last year... Two different trips.... And IF I applied for the ex to be banned from travelling over seas, I would FAIL because there is no debt.... The ex would LOVE this and would enjoy letting me know that they're getting away with not paying....

Solution? don't bother trying.

 

[Damien8]

agreed. In my experience - if the ex doesn't want to pay and they are self employed it is a complete waste of time chasing them through CSA.... My ex does tax returns every 2 yrs.... Why? because if the ex didn't then it would default to average male weekly income.... And that would cause the ex to have to pay.... But of course, as a self employed person, working almost exclusively for cash it is all for NOTHING...

As the primary carer of 3 kids on a decent income as a teacher, I'm ok... But I know the ex is earning enough to have to pay not much... But still. So the problem here is that because the ex earns cash, there is no debt because the ex declares an income of about $20K a year. So my ex went to Europe and South America last year... Two different trips.... And IF I applied for the ex to be banned from travelling over seas, I would FAIL because there is no debt.... The ex would LOVE this and would enjoy letting me know that they're getting away with not paying....

Solution? don't bother trying.

agreed. In my experience - if the ex doesn't want to pay and they are self employed it is a complete waste of time chasing them through CSA.... My ex does tax returns every 2 yrs.... Why? because if the ex didn't then it would default to average male weekly income.... And that would cause the ex to have to pay.... But of course, as a self employed person, working almost exclusively for cash it is all for NOTHING...

As the primary carer of 3 kids on a decent income as a teacher, I'm ok... But I know the ex is earning enough to have to pay not much... But still. So the problem here is that because the ex earns cash, there is no debt because the ex declares an income of about $20K a year. So my ex went to Europe and South America last year... Two different trips.... And IF I applied for the ex to be banned from travelling over seas, I would FAIL because there is no debt.... The ex would LOVE this and would enjoy letting me know that they're getting away with not paying....

Solution? don't bother trying.

agreed. In my experience - if the ex doesn't want to pay and they are self employed it is a complete waste of time chasing them through CSA.... My ex does tax returns every 2 yrs.... Why? because if the ex didn't then it would default to average male weekly income.... And that would cause the ex to have to pay.... But of course, as a self employed person, working almost exclusively for cash it is all for NOTHING...

As the primary carer of 3 kids on a decent income as a teacher, I'm ok... But I know the ex is earning enough to have to pay not much... But still. So the problem here is that because the ex earns cash, there is no debt because the ex declares an income of about $20K a year. So my ex went to Europe and South America last year... Two different trips.... And IF I applied for the ex to be banned from travelling over seas, I would FAIL because there is no debt.... The ex would LOVE this and would enjoy letting me know that they're getting away with not paying....

Solution? don't bother trying.

agreed. In my experience - if the ex doesn't want to pay and they are self employed it is a complete waste of time chasing them through CSA.... My ex does tax returns every 2 yrs.... Why? because if the ex didn't then it would default to average male weekly income.... And that would cause the ex to have to pay.... But of course, as a self employed person, working almost exclusively for cash it is all for NOTHING...

As the primary carer of 3 kids on a decent income as a teacher, I'm ok... But I know the ex is earning enough to have to pay not much... But still. So the problem here is that because the ex earns cash, there is no debt because the ex declares an income of about $20K a year. So my ex went to Europe and South America last year... Two different trips.... And IF I applied for the ex to be banned from travelling over seas, I would FAIL because there is no debt.... The ex would LOVE this and would enjoy letting me know that they're getting away with not paying....

Solution? don't bother trying.

agreed. In my experience - if the ex doesn't want to pay and they are self employed it is a complete waste of time chasing them through CSA.... My ex does tax returns every 2 yrs.... Why? because if the ex didn't then it would default to average male weekly income.... And that would cause the ex to have to pay.... But of course, as a self employed person, working almost exclusively for cash it is all for NOTHING...

As the primary carer of 3 kids on a decent income as a teacher, I'm ok... But I know the ex is earning enough to have to pay not much... But still. So the problem here is that because the ex earns cash, there is no debt because the ex declares an income of about $20K a year. So my ex went to Europe and South America last year... Two different trips.... And IF I applied for the ex to be banned from travelling over seas, I would FAIL because there is no debt.... The ex would LOVE this and would enjoy letting me know that they're getting away with not paying....

Solution? don't bother trying.

If a couple Is married and have a joint account can they take child support from that account , and what if a mother or father is in centerlink and arnt getting there child support payments will centerlink still pay them