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Who wants to be dictated to by the State on how you support your children what, how and when?
Whilst many views float around arguing for and against child support, most decent fathers and parents would argue the issue is not whether or not they wish to support their children, but rather the often unfair conditions imposed upon them.
Simply, it's an attack on the nature of a father's freedom and how he best wishes to raise and support his children in the many different ways a responsible father can, which are often more effective and benefical to a child than any 'slap-bang' instrument of government and statism can ever be.
For a father going through separation/divorce, experiencing the loss of family and children, horrendous false allegations, litigation, uncertainty of where your children are and how they are doing, often causes ill health, work and life instability in so many ways. Also, the effects from not having a fully functioning and emotionally present Dad in a child's life can be equally, if not more devestating as their development can be hindered considerably.
Then if that isn't bad enough, along comes an assessment from the Child Support Agency (CSA) for an outlandish sum of money based on your capacity to work at the highest rate when you were fit and able and on fire, which is possibly a stark contrast to where your financial position is today, or will be in the future if you are unable to recover from the upheaval of a traumatic separation that's often compared to a fate worse than death.
From 2006 CSA powers in Australia have increased to not only garnish your wages, but directly withdraw from bank accounts any amount they deem appropriate, siezing assets of any sort to pay the often highly questionable and unjust debts. As Fathers are assaulted with such draconian measures, one can only feel a sense of dictatorship giving rise to a totalitarian society not a free Australia causing fathers to unite and fight for their rights and freedom.
As there are many issues surrounding child support and the effects upon fathers, children and families,
if you don't mind a chat, and have 10 minutes - do you have details of how I can contact you direct. Don't need advice, just a chat about the process in the court.
I did not take my COA as far as the Federal Court. However I was in the Federal Court previously, attempting to obtain a Parenting Order. I got completely steamrolled by the Judge. It was a thoroughly unpleasant experience.
My advice would be :
 Don't go alone. If you can afford a lawyer, get one. If not, then at least take a friend or relation with you. Preferably somebody with experience of the legal process who can support you.
 Plan what you intend to say. Write it down. Be patient. Don't allow the Judge to conclude your case until you have had the opportunity to state your case. Tick it off on your printout as you proceed. If you need a break to regain your thoughts, then request one. Don't feel pressured to rush through at their pace.
 If you have submitted affidavits and documentation to the court, take your copies with you. Don't assume that the Judge has read these and is familiar with the evidence contained within them. Read out the relevant sections.
 If you are before the Federal Court, then I assume you have already gone through the COA, Objection, Review and AAT process. Therefore you are appealing on a "Point of Law" ? Print out and highlight the relevant sections of the "Child Support (Assessment) Act 1989" that you believe has been contravened. Refer the Judge to it.
 Don't hold your punches. If your ex-spouse/CSA/AAT has been untruthful or broken agreements, then produce the evidence, and make the court aware of it.
 In Brisbane, you can attend Court as an observer. Go to court a few days before your hearing, and observe the proceedings at someone else's hearing, so you have an idea of how it works.
Most importantly, don't be intimidated by the process. Respect the Judge, but make sure you have your say.
i pay sixty dollars a month to an ex out my social security this is for childrenaged 24,21m,26
i live on trwen dollars ech pay day
i am income m anage i did this myself i have been on sosial security payments since 2001 and they have taken this money for five yearsand i carnt get them to hear me i am seriously at my wits end i have anxioty and agrophobia i am loose any hopeof ever getting the help to stop this they have clearly messed up and i can prove it yet i am sinking where in perth do i go to set a undue hardship claim agaionst individuals and the agency how do i get the money back how do stops this before i just give up five years ive got hardley and fight left in me .
Second, if you have already made some commercial agreement you can look at how this agreement was formed & raise relative defences to render it null and void or attempt to form a new agreement at any time with use of tacit acceptance. Remember agreements are dynamic.
Third, you can build upon what Joel said below & simply conditionally accept to pay any financial obligation upon proof of claim. There must be a valid contract with all the essential elements including wet ink signatures & a meeting of the minds. In other words a contract can only exist between living men or women else its void & unenforceable. No living man/woman can ever have a contract with CSA [as it's a dead entity & mindless], it's all bluff, smoke & mirrors & tom foolery. Yes it's hard to accept but many payers of child support have been duped, died & suffered for a very long time due to a lack of knowledge. Anyway no more, learn & fight back!
I am about to attend the FCC and would like to talk with anyone about what to expect.
once you are in the system it is very difficult to get out. The only way is that the parent receiving the payment must end the case - completely.
Now - if she is also receiving any Centrelink or anything like that, she CANNOT end the case, else risk losing some or all of any of those benefits as well.
so the key is - if you have an amicable relationship, and are both non-government dependent - then it is possible.
A far better way if you can manage it.
During my rants about csa etc, my wife said that paying cs is like a jail sentence. You really have no say ,get depressed/suicidal, angry ,it affects your health and relationships, financially restricted, and in my case I will finish paying 18 years for a son I am a absent father to,not by choice, but because the system allows it. So people good luck to you in your own battles , if all goes well I'll be out in 5 years.
Don't have bank accounts in your name only nor assets change your phone number don't tell csa.
Hang in there
A: is the kid back home yours ? did u dna test to make sure or just took her work for it ?
B: australian law states all children have to be supported by both parents not just the care giver ( the mum )so your stuck and have to pay csa for both kids
C : what the x does with her money is not a csa problem
Its hash but so is raising kids ask for a look into the case maybe csa will drop some payments to make up for you being out of work I dont think they will but just on a reason 8
I'm an Irish man with Australian citizenship living in Perth. Before I left Ireland I had a fling with a girl knowing it would not go any further as I was going to Oz for a better life. I was here 3 weeks when the phone call came to say she was pregnant and that it was mine. Being my nieve self I took her word and promised to support her but I told her I would be staying in Oz for the long term. I flew back to Ireland that Christmas to meet my son and christen him. After 2 years of paying her more than enough I hit a blip, broke my leg and was out of work and she got the CSA over here onto me.I was mad and told her do what she liked, this has being the biggest mistake of my life. Ever since I have dealt with CSA they have left me angry, depressed and all of the other emotions that have being mentioned on this site. I don't know how to explain the effect these people have had on me and the money they have taking from me while I am living on the other side of the world trying to make a better life for myself. I have found a partner and just had a baby girl which they want me to support on $1000 a week while she sits back in Ireland with her family supporting her, working cash in hand and receiving all this money from Australia which she would not get if I was at home. She does this because she hates me and sees how much stress it causes me and my new family. I have being penalised for not declaring extra income that I have earned through hard work and O/T. It drives me to a state of depression and will probably end up with me having to leave Australia. At least I have this option, I feel for people that have to suffer this injustice without an option. Can anyone give me some advice on this, I don't know what I am looking for but I have bottled this up for 3 years now and need some help!!
We are in exactly the same situation. My hubby has been paying for about 13 years.csa actually pressured him into paying for braces they threatened him with garnishing wages so he did. We later found out through legal advice he should have told them to get fff. Since then his ex stopped the kids from seeing him so she gets even more money. We have 2 kids together I am on the disability pension and unable to work and only get 50.00 a week because it is based on his gross wage.child support is also based on his gross wage. We have even been told by csa that his older children come first. We applied for a review and everything is always rejected wher as she applies and there is no questions asked. We have changed phone numbers so csa can no longer harass us. Doesn't stop the payments though 1000.00 a month for a 50000 wage .not bad hey
CSA can NOT touch your income at all they are full of shit its not your kid its your husbands kid nothing by law or blood to you. Have you filled out the right forms to have CSA redo his income as he supports another child they have to take that into account. Your csa payments are to pay for anything the kid needs so dont give anything extra she wants private school she pays for it she wants dental she pays for it look into legal aid they can help with CSA and its a sliding scale payment so that should help.What the ex does with her money csa dont care but if shes taking the boy over seas with out a father signing paper work your partner can have that stopped worth looking into as who signed his passport
I had a private agreement with my ex which the CSA only gave us the $number$, all was going along swimmingly but then when the ex got all bent and filthy she involved the CSA as "collectors" and once that has ben initiated you are well and truley F*CKED.
Don't go to court over this matter! It's not worth the money and the hassle mate. You'll get absobloodylutely nowhere except in s**t creek w/o a paddle.
If you actually do wish to go to court to see your son then I suggest having a sex change first. Not kidding.
the best "estimate" for you is to use the calculator on the CSA website and enter in the details as best you can. It will give you some idea ...
if you think you will only earn a minimum amount, you could run the gauntlet until tax time, and then deal with it and any arrears you might have. that consideration can only be made by you with all due weight to "how much do you WANT to pay", "is the relationship with you and the ex an amicable one, in which you can come to some agreement" and "how close you are to the end of your case" ...these are only questions you can answer.
A stat dec is not proof of who the father is CSA cant accept it at all. Is he on the birth ceft did he sign it ? If not CSA broke their own law as it states 44 weeks before and after a child was conceived parents must be in together. Dont pay a red cent to CSA or to the x ask for a rule 8 as it stops them chasing him then see legal aid they will help get a court order for DNA test which CSA will only accept
CSA accepted a stat dec on face value, which turns out they are well within their rights. They didn't compare signatures or verify the witness. On one occasion I was told the witness name was too hard to read. 2 phone calls were made, but no voicemail left.
CSA sent 2 letters to alert him it was accepted, both letters which they received return to sender.
This all took place in April 2016 and we knew nothing of it until I opened a statement for child support for a 10 year old girl in AUGUST 2016. Just about 5 months, no other mail or contact made.
This has torn us apart with stress. And the next best part is that the only reason he is not allowed to object to the decision is if disputing parentage.
She has nothing else to say its his, they didn't know each other then .... I met him the week that baby was conceived.
CSA have escalated the case to fraud on their end but we aren't entitled to know the outcome??
So my x and I have court orders in place that say no one can do any medical treatments without the others consent, this includes braces. So if your x partners are taking you for a ride appeal it through CSA. Yes it's a pain in the butt, but it's better than paying $$$$$ you probably don't have. If CSA fails take them to court. Make sure you document everything you do in a dairy as it can be used as evidence. I've been dealing with CSA and court since 2008. I've been through a bit so any question just ask.
So all of a sudden my ex does not want me to see my son and says he also does not want to see me nor does he want to talk to me...Long story short i stopped paying child support whats the point if i cant see my son...it got to about 4k and now they garnish my wage and have been working 6 days a week to pay it off @ $150 per week extra Totaling $500 a fortnight!! Anyway my question is how old does a child have to be before they can say they dont want to see their father? I have been nothing but loving and supportive, and cant lose the rights to see him....Does anyone have anywhere i can go for information as I just get the run around...Thanks
the payee will meet all expenses in relation to the health care and education of the children other than thiose which the payer is obliged to meet pursuant to this agreement
Now the agreement also states that I should pay 50% of the kids private health cover which I haven't been paying (though have now started to.
My ex wants me to back pay $1500 and is threatening Solictors and going to CSA so they can get the money from me.
Any idea if I have a leg to stand on, What should I do?
How does your x get what she wants from CSA
My child needs 8500 or over in dental work as her jaw has stopped growing when I told csa that he will need to pay half CSA tells me " sorry but no you have to pay it all your self as your orders dont say anything about medical help "My court orders say he has to pay child support again CSA say " not our problem " Just like fathers CSA wont help receiving mothers all Im told is get a job Ive worked since my kid was 3 days old cause my x wont stick to court orders but if I dont answer the phone to him at 1 in the morning he brings in his lawyer to make threats and screams " court orders "
I have an Australian court order which stipulates the days my children should reside with me. My ex prevented the children staying with me as per the court order, and then had the CSA change the Percentage care to 100% for herself. When I informed the CSA of the court order, they asked me 'what had I done to have the court order enforced ?' As I had no documentation proving I had attempted to enforce the court order, they made the change in her favour.
I don't believe they were entitled to do this, but they did.
So, don't rely solely on the court order, but write her a letter stating that she is in breach of the order and that you did not agree to the treatment and that the costs will be for her account.
Other than that, I don't think you need to do anything. If she attempts to take it further via CSA or court, you have the court order and letter, whilst she does not have the required written agreement.
I Need some advice about contraventions of the orders and what I should do I am in Australia . Please leave the emotion out of it, I need facts! Cheers
As far as I'm concerned CSA are arseholes, Family Relations is a croc of shit I have even been down there and blasted them. We got a restraining order n his ex but she wins by stopping the kids from coming and poisoning them.
IThere should be no exchange of money if u divorce then it's 50/50 and shared custody. If the kids decide not to see a parent then NO EXTRA Money should be given
The whole system sucks
I feel for a lot of you blokes. Love to you all. Hold your heads up high.
Maybe get a voodoo doll!!
Right from the start you don't contract or make any agreements with them; ie. speak/write/apply/register with them, nil, null, zip, nada!
Upon receipt of any Demand for Payment you conditionally accept. ie. Before any payment can be made, proof of any contract and verification/validation of any debt is first required. Failing receipt within 30 days will deem none exists and you are required to cease and desist with any further correspondence. [always followup with a reminder notice and send via registered mail].
Of course no contract could ever be formed between you as a man and CSA - a dead entity, so they won't reply with the proof you require. So you remain in honour, and as there is no dispute there can be no court action.
Of course, be mindful that bank accounts solely in your name are not safe, as they can take what they like and when they like.
We should all learn the process of making claims against individuals and owners of businesses like CSA who cause us harm.
Just got off the ph from csa,
As my son asked me to call as he is in
They keep sending him letters to inform him
Of the $$$ he owes. I asked why? blah blah omg
there answer was he needs to call and ask for this
To be changed ,Hello what part of this did you not
understand JUST send the forms he needs to him
FML we don't have his current ADRESS grrrrrr
why are you so stupid and why is he paying csa
racking up a bill when he has been there for nearly
a year . These people are absolute muppets.
So what do I do help
Yesterday at 01:42
Hi folks, I am running a couple of surveys about people's experiences with the CSA. I am particularly interested in issues related to Official Misconduct, Criminal Activity by CSA Employees, and the legislation being applied wrongly. These are the links to the two surveys I am conducting at the moment. For the first one listed, we need at least another 80 to make it valid, for the second one we have had over 300 responses and the results have been already sent to one Senator. Cheers for your help everyone:
I'm happy to pay for my kids whilst they are with me. Sure, what ever they need they'll get but if this arsehole wants to fuck my wife and then play Daddy to my kids, he can pay for them whilst in his care. Oh yeah and fuck you 'lack of' child support. Rot in hell.
It's been 7 years and I'm still angry as hell. Nothing would give me greater pleasure than hearing she's no longer on this planet. After dragging me through the family courts for 3 years. Lying to the courts on 9 separate issues. Finding out through the courts that in addition to sleeping with her boss she'd also had an affair with my best mate. Making out to the courts that I was a threat to my children and having to have supervised visits for two or so years. My report came back as fine. Her report came back stating 'requiring medication'. Who was the real threat? The purpose of the courts was to prove to her friends that she'd grown a set of balls.
She came into the relationship with nothing, but wanted to walk away with 1000's. She failed miserably. I'm pretty certain she spent more in legals than she was awarded.
Child Support raped my bank account taking every fucking cent. How they can do this is beyond me. The relationship is over. She wants to live with someone else. That's fine - fuck off, but don't come sponging off me you lying cheating slut.
What's the fucking point