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VIC Pausing Child Support Payments Until Care Arrangement is Settled?

Discussion in 'Family Law Forum' started by kimbapuppy, 20 July 2016.

  1. kimbapuppy

    kimbapuppy Well-Known Member

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    My ex-wife and I are unable to arrive at a determination on the care of the children and recently she applied for child support.

    Child support fees are typically based on a number of nights per fortnight and logically, the more nights, the more child support fee the parents get.

    As a result, the ex-wife is severely restricting my access to the kids. This is very sad as this is at the expense of our children who are being denied access to their father.

    Is there a way Ithe child support payments can be stopped until the child care arrangements are agreed?

    Spoken to Child Support Agency and they cannot assist me at all and said that they are a fee collections company.
     
  2. AllForHer

    AllForHer Well-Known Member

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    As much as it pains me to say this, there really isn't much you can do while ever there is no agreement for care arrangements.

    The Court takes the position that child support payments are payable no matter what disputes the parents are involved in, and a failure to pay child support in accordance with the existing care arrangements, is a failure to put the children's best interests first.

    Have you considered pursuing parenting orders through the Court?
     
  3. sammy01

    sammy01 Well-Known Member

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    Nope, not much you can do. You can dispute the amount of time you're having and if you had court orders you could seek a pause of payments until it was resolved. But CSA here hard work. You're much better off using this site for help on how to get access to the child through legal channels
     
  4. kimbapuppy

    kimbapuppy Well-Known Member

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    So I received a letter from her lawyer offering 4 nights per fortnight but she is now restricting my kids access to 2 nights per fortnight (after finding out I submitted evidence that worked out to be 6 nights per fortnight). Oh and she put an IVO on me as well since I posted the message.

    I think my ex has a mental condition. Even her lawyer speaking to my lawyer said she "wavers".

    Interestingly CSA deferred payment for another month but the calculation is based on what the ex said, rather than the evidence that I submitted.

    Going to court now seems imminent and thanks to your help on the other thread that you have shown me a way to do this.
     
  5. AllForHer

    AllForHer Well-Known Member

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    Sorry, when you say you submitted evidence of six nights a fortnight, do you mean you had six nights a fortnight and now only have two (or four if you accept the offer)?

    Also, don't accept four nights a fortnight if you can facilitate more, but also, make sure you don't descend into the trap of making your parenting orders case a mud-slinging match between you and the mother. Don't raise allegations of ill mental health unless there's actual evidence that one exists and that it affects her ability to care for the kids (as opposed to just affecting her ability to co-parent with you).

    No matter how much trouble this person has caused for you, the Court still wants to see you actively encouraging them to respect and have a good relationship with the mother, so always aim to kill her with kindness.
     
  6. sammy01

    sammy01 Well-Known Member

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    Accept the 4 nights. That equals 34% care. That is all she will agree as once it goes about 35% her family tax benefit gets cut so does her child support. So accept 4 nights and half holidays as a parenting plan. Then wait a few months and apply to court for more time.
     
  7. sammy01

    sammy01 Well-Known Member

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    Oops sorry.

    So where are you up to can you give more detail. Have you done mediation? Do you have any agreements in writing? How much time do you want with the kids?

    But as far as child support goes, you're on a hiding to nothing. So pay up for the minute.
     
  8. kimbapuppy

    kimbapuppy Well-Known Member

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    AllForHer - great help on "kill her with kindness", unfortunately, she is such an ungrateful person, it's like a blackhole. In the month of July, worked out to be 6 nights per fortnight. After I submitted the evidence to CSA, she has severely limited the nights I can have with the kids to 2 nights per fortnight, potentially zero.

    Sammy01- we have gone through 3 mediations and she has asked for a certificate. There was an agreement last year where she blackmailed me to sign to remove a caveat but signing contracts under duress voids them. This is was her lawyer's idea and gave poor legal advice that caused so much problems for my family.

    My lawyer wrote back to her lawyer on my behalf accepting 4 nights in the interim and requested for an urgent round table talk. My employer has been very accommodating and I have worked out that I can look after my kids 6 nights per fortnight.

    Can you please tell me more about the 35% threshold cut with the family tax benefit? She is on the low income and gets a health care card (concession benefits). Her restricting my kids has always been driven by money sadly.
     
  9. AllForHer

    AllForHer Well-Known Member

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    The 35% threshold is related to Family Tax Benefit payments. Once your care rises above 35%, and hers below 65%, it's considered a shared care arrangement and you may be entitled to a percentage of the FTB payment, while hers will decrease significantly (regardless of whether you are able to access FTB or not).

    Also, when I say 'kill her with kindness', don't make the mistake of thinking that's for her benefit or to change her attitude. The purpose of killing her with kindness is so you always look reasonable in the eyes of the Court.
     
  10. sammy01

    sammy01 Well-Known Member

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    So has asset division happened?

    My thoughts - you've got the certificate - tell solicitor to file for court. I'm cynical of solicitors, I reckon sometimes they are happy to suggest more mediation, letters, etc., because it makes them rich. Instruct the solicitor to file for court. You're gonna get a better result in court because a magistrate makes the call, not the ex....

    Now the ex might get legal aid, but generally, they won't represent her in court, so once you're in court she is going to be under pressure. That will motivate her to play nice. But you've got to apply pressure.
     

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