NSW Showing Child Support Willingness to Pay?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
Only the payee parent can elect for CSA to collect child support. However, it makes sense to make contact so that the call is logged and you are able to demonstrate that you have taken proactive action. Make sure you get a receipt number for your call. Better yet, do that and send them a letter confirming the conversation.
 

Lennon

Well-Known Member
11 September 2014
270
36
719
CSA won't *collect* payments unless the payee asks them to. I have just been through this recently. My ex refused to allow me to see my kids because she (wrongly) said I owed her $20 (given I pay her close to $28k the situation was ridiculous). When I hadn't looked into this within the 2 days that she felt was reasonable, she withheld the kids. I called CSA and asked them to collect so we didn't have this problem. They said they can't institute collection unless the payee asks them to, and that the only way I could force it was to stop paying her so she had no choice. That's what I ultimately had to do.

This is a different situation to initiating a CSA case though - either payer or payee can ask for a CSA assessment.
 

Ironclad

Active Member
31 October 2017
11
0
31
This is a different situation to initiating a CSA case though - either payer or payee can ask for a CSA assessment.

Lennon is correct.

I have had to do this recently, as Ex was claiming to all and sundry that I was neglectful of the childrens' welfare by ignoring my obligation to financially support my children, whilst receiving ever increasing weekly "informal" payments from me quite happily. This situation could not continue.

I requested an assessment by CSA, and about 2 months later I received a letter saying Ex no longer wishes to receive Child Support.

In my case, it demonstrates to the Court that I have no concern about meeting my financial obligation to support my children, as long as the arrangement
is official (either through CSA or in Parenting Orders). If the Ex doesn't want to receive financial support for the children, its her decision.

CSA also recorded all previous payments made to Ex as Child Support, which supports my case in Family Court.
 

Twooke

Well-Known Member
11 October 2017
29
2
124
Ok so 9 o'clock tomorrow get on the phone the Child support and ask for a Child Support assessment, then get on the blower to the solicitor and ask them to write to my exes solicitor asking for her to make a claim.. great awesome advice thanks all..

Oh and Clancy it isn't because she has been lazy it's because she told me when she was in one of her nasty moods that she won't be accepting any child support because She won't ever allow me to have anything to do with HER son... Great times ahead!!

Cheers Guys!
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
I disagree. My experience is from 6 yrs ago. DonT think much has ,changed. Csa would not take mt money no maytter how hard i begged

Collection is different from assessment. Of course they can't start depositing money into someone's account without their consent, and they can't hold it indefinitely on their behalf, either. Getting an assessment is a different story.
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
Ok so 9 o'clock tomorrow get on the phone the Child support and ask for a Child Support assessment, then get on the blower to the solicitor and ask them to write to my exes solicitor asking for her to make a claim.. great awesome advice thanks all..

Oh and Clancy it isn't because she has been lazy it's because she told me when she was in one of her nasty moods that she won't be accepting any child support because She won't ever allow me to have anything to do with HER son... Great times ahead!!

Cheers Guys!

Ohhhhh..... Well mine was a bit different, what she did, announced we are getting divorced, this is back in Jan 2015, then got up and started cooking steak, do you want some dear? As if nothing important at all has just happened. The very next week she had real estate agents in the house, the week after that she had claimed child support already. I would say she had it all nicely planned out long before i knew my left hand from my right hand!

The hickup to her plan was that i refused to agree to sell the house - I think she was actually quite shocked and mystified that someone other than her had any power of choice in this marriage breakup!!!!!!!!!!!!!!!!!!?????

Then she started trouble over custody. By claiming i don't know how to look after my daughter properly..... which in a sense was absolutely true so far as i don't actually count every hair on my daughters head every day like my ex does!!! I am just a normal imperfect dad.

So to this day i have not had any overnight time with my daughter, only an occasional Saturday visit. And to put pressure on me to agree to her property settlement proposal, she even withdrew Saturday visits for 3 months before her own lawyer told her to behave.
 

Twooke

Well-Known Member
11 October 2017
29
2
124
Yep, talked to the most helpful person there today.. I can make an application for an assessment but they will not take any money until the ex agrees!
Thanks all!