WA Should I Go to Family Court?

[sammy01]

Hoang - I would not think you'd be paying child support based on 5 nights a week with you. Are you sure CSA have the right info?

 

[Hoang Trang]

Mate I have a letter from Centrelink with the appeal decision and have called and double checked the right care percentage has been applied. Still waiting for tech team to call me back. Been a absolute nightmare to say the least. My business was audited last year, first time in 14 years and my accountant said she had never seen it done that swiftly. She exact words were " you must of pissed your ex off "

Now my ex is disputing my income and have to deal with a CSA review of assessment.

Lord give me strength

 

[sammy01]

So what is your care percentage according to them and how much are you assessed to have to pay her?

My ex has the kids 17% of the time. I earn $90 000. She earns a few grand (according to tax) but works cash in hand. She is assessed to pay me $0 - yep stuff all...

She would have to give me about $5 a week if she earned more than about $30 000. Now since that ain't gonna happen ever - I'm not getting my hopes up.

 

[Hoang Trang]

Yep she works cash in hand as well, actually two jobs. On paper she earns $20k, assessed to pay me $0 and oddly enough just brought a new car

According to CSA and Centrelink my care percentage was 72%. I was assesed to pay $4400 in a 5 month period. Works out roughly $220 a week. Going by their own dam online calculator I pay her $0

 

[sammy01]

Take it to the administrative appeals tribunal

 

[Burgertime]

The other thing is I have the 9/5. The 5 I have are currently weekdays.

My daughter is in daycare and school 2 days per week currently so I see her now. What I am saying is if I sign off I won't have any full days with her in future years, unless my ex shows some kind of generosity, and yes I have tried being nice in the past and this is where it has got me - not that I am nasty or anything now.

 

[sammy01]

No way - you have 5 a fortnight, but no weekend time... Wow. Go to court. Learn to self-represent. You'll get some weekend time and I reckon you're a good shot at 50/50. Mate, you're getting used, you're doing the school runs, etc., but mum gets all the fun weekend time.

If you've spent $10 000 on solicitors and gotten nowhere then getting to court and upping the ante on the pressure you put the ex under is your only option because she ain't gonna agree for more time.

 

[Burgertime]

Thanks Sami. We have been going back and forth for a few months, mainly because I am trying to reason with her and being amicable and using our common sense. It is obvious what should happen - she is just digging her heels in.

I have been trying to put off court as the absolute last resort and I am stressed out and a little scared of taking that step if I am honest. My biggest concern is losing time as many people you talk to say guys are lucky to get 9/5 anyway, although I have always been a hands-on dad. The thought of that would tip me over the edge, I fear.

I have not been late for any daycare pick up or drop off and will always been reliable looking after my daughter and she is happy and healthy in my care. It is sad that 2 adults cannot come to a sensible agreement in what is best for our child without having to have someone else make an opinion for us. My mind boggles. What to do?

 

[sammy01]

OK so generally, the non-primary carer finds themselves with alternate weekends... Not you.

My thinking - forget solicitors. Try and get agreement, be patient, ask for one weekend night a month, even if it is a trade off for a different night some other time.

So obviously you've done mediation? I'd be patient. But before the 12-month expiry date of the mediation certificate, apply to court. Look, eventually you're gonna need court orders / consent orders - otherwise you're at her beck and call, and you'll have no certainty about when she might change her mind again...

 

[Burgertime]

I just think that in signing off I am at her beck and call again. Being patient is one thing but the longer I Labbe this, the longer the plan is in place. Not a good scenario if I want extra time.

Is going to court really stressful?