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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,
I am about to hear from the AAT to set up a hearing. Did you go in person or do it over the phone. Any advice how to go about the process. I have just handed in Finance Expenture dec.
My tax return was stolen by CSA and 33% my last pay of the year was garnished.
I recieved a letter from CSA on 31-12-15 telling me what they demand in new year Happy New Year
I struggled to pay rego, rent and food, in other words I am slowing going under water in a slow and painful way (going broke going to work).
2-01-16 Woke up this morning and have decided to be a deadbeat dad. Going give up work and move north live a tent and hunt and fish for food and enjoy some freedom.
Wish all of you people paying CSA the best of luck. Gone Fishing forever...
There were a lot of sales for the business which i tracked on the internet, so this made for interesting conversation to the Tribunal Member.
She reduces her income stating that she reinvests any commissions that she would normally earn to grow the business and keep it operating. So i ran the argument, on an analogy, that if i voluntarily reduce my income (super sacrifice, novate lease, etc etc) the CSA writes those amounts back in because I am "causing detriment to the children" by not having available all those monies that should be available.
it will be interesting to see if they apply the law in the same manner to a receiving parent who argued that she needed to invest in the business else it could not continue to operate.
If there are any Real Estate business operators out there who would talk to me quite openly about how and where a real estate operator might hide money, I would be very interested to chat. I just need to know where and how to direct the AAT / Court (if i object further) to investigate funds. The funds she says she collects in her business just do not seem to add up with what the sales figures would indicate. Hiding money??
Appreciate any help from any Real Estate operators / owners who are willing to chat openly (anonymously if you prefer away from this site).
The system is unfair to the paying parent. It is nuce to know that there are other women out there going thru the same thing. I am living of less than $100 a week because of the amount i have to pay my ex. And that is when i have a child with me. The system needs to change. I am being punished for doing the right thing and declaring everything. Now i wont be able to progress in anything for up to 10 yrs.( youngest is 8) i have had to start again whikebhe has a house full of furniture. I dont even have internet at home. I dont have foxtel. I dont have a home phone. All my wage goes to rent and csa. With a little left for food and his credit card that we put in my name 2 months before he wanted to split. Where is the justice?
My ex bought a new car went o/s. But when my son came to me last year his shoes were thread bare.
I wish that my ex had to prove that he needs an extra year of payments.
For me my ex get all the rights and i have all the responsibility.
I'm a mum and my ex took my kids, allienated them from me and basically the court wasn't interested because they are 12yrs and older. The court did give 50/50 of my 8 yr old but we are still 12 months from a final order in relation to this. Clearly I'm a good stable working parent because my 8 yr old has flourished since being allowed to live with me again for reasonable times. But ... The ex just 6 weeks later rang CSA and told them he has no income. After 20 years in full time employment earning around $90000, the CSA simply just accepted his word and I now pay support for 2 kids I can never see, and for my 8 yr old even though my costs to support the youngest are assessed as higher than the ex, my payment is the equivalent to an average persons after tax wage, by the time I pay my rent (because my 8 yr old needs to have stood over his head too) I am left with almost nothing to pay my bills many of which were left from the ex as he took everything we had and ran up accounts in my name (CSA don't give a stuff that I'm having to begin from absolutely nothing again while he sits on easy street), anyway... He has formed a company, goes to work everyday, employes my son 1 day a week but claims zero income. I've put in an objection on the basis of his capacity to earn an income, from what I read though it seems the receiving parent gets the advantage regardless of the lies they tell. I intend to take this as far as I need to as well. Of all the warped things CSA are allowed to do, this is just wrong. If a person is the director of a company than the company should be classified as an asset that supports them financially. I know many parents are also in the other side of this type of situation too, being their ex companies up to avoid paying CS at all. If they can work and can earn then this should be considered thd same as a taxable income. The system isn't helping families it's making it worse for kids because the system itself is a platform used for bullying, abuse and destruction. Legislation needs to individualise CS case by case, it should be enforcing ongoing mediation sessions, complete disclosure of assets including companies, income and individual costs of living ( ie rural v city living and the ratio of income to living in different areas.) a one size fits all approach is the real problem with this system.
I've also sent an e mail to my local MP explaining my situation and requested for an appointment. I am not going to sit and keep paying because of this ridiculous law.
I am thankful to all of you who motivate people like me to keep trying. I promise I'll keep going until either I win or I die trying :-)
1: stop venting online and go and see your federal member and tell him or her about the injustices you face from CSA
2: Don't talk to CSA on the phone get them to put there demands in writing and make sure to print all correspondence. This has a two pronged effect A they are less likely to lie and bully you in writing. B they are now going to be made to work for Their money . You see if everybody put them on write only contact then that puts the pressure back on them.
3: This one is important challenge them on everything ask them the same question three times in different ways and when you get different answers ask them why.
4: Don't just complain do something there was a parliamentary inquiry into CSA earlier this year the submissions have been recieved and are now closed however nothing has been disscused by parliament as yet we are all voters go and see your local member tell him how broken the system is. The CSA thrives on isolating us as dead beat dads let's show Australia that we are actually the victims show Australia that fathers and their children are the victims of a system that is run by undertrained and uninformed people that don't care about an individual's circumstances but misuse a poorly written and outdated Act to pigeon hole all fathers
rent out my house and travel Australia. Subsequently, the CSA have begun challenging me on my capacity to earn. This all initiated by my ex. of course. My life without my children in it has become very different and I now desire to live it with less pain and more colour for a year. Though the one sided CSA will not listen to my reasons for making this life change, they simply want to assert that I am intentionally avoiding my financial obligations to my children. This is not the case. My ex. has benefitted from working 3 days per week for the past 10yrs. I too desire a little more space after 29yrs of fulltime work. Are we no longer free in our so called democratic country to make choices that may offer a more fulfilling experience. I will still be contributing financially to my children at the level already assessed. Though this contribution will be significantly less. It is a two way street and it really should not be all about money. It would be amazing if we could all authentically care and love each other without the superficial influence of money. I would appreciate any insight or wisdom offered here. As it feels like I take 300 steps forward then 295 back.
I was a lot younger when I went through this. I always belived that courts area fair. I was manipulated by the lawyers, which left me no money ,csa knocking on the door, my ex left whilst I was at work, cleaned out our credit cards and savings. Her mother got her a unit in S.A. claiming emotional violence for her leave. The child was quickly placed in daycare. Cops in Sydney where aggressive to me when I reported her missing. I was a zombie wreck emotionally and financialy, and before I knew what was happening the court decided she could stay in s.a .
If I knew what I know now then maybe I've could of stopped her leaving and providing I gad the money to fight it as well.
As to the 21 father's committing suicide each week. Over 2500 people commit suicide each year in Australia, that around 50 each week and if you dig a little deeper you will see who each category is, people don't commit suicide cause they're happy,and what can cause more pain then having your kids removed from your care in a split second??? and your whole life turned upside down.
Also judging by the comments guys post here who had or have suicidal tendencies does 21 really surprise? Everything is a business please don't think the courts are not. Forgive others, not because they deserve forgiveness, but because you deserve peace. And that's how you move on...
i asked my x if i could move state with my kids and partner he was all for it the day I packed up i got servced to go to court he stopped me the courts aggreed with him and no I couldnt move it wouldnt be far on the kids. 2 weeks later my x ups and leaves the area 6 hours away so now only see the kids every 3-4 months for a max of 4 days Im stuck in nsw while he was aloud to move ( cost me my partner as well he had to move for work ) so how didnt the courts work in his favor. I asked the courts to make him move back into the area i lived their responce he can move we cant stop him
Its called court and as all courts are leaning to the fathers side now the family court would have stoped her from taking the kids and moving as the courts belive its for the best of the kids if they have a father in their lives. Everyone else who blame the greedy mothers ( whatever ) its the system and how its set up you can fight csa in court and let the judge put it in place on how much you have to pay and yes it does work and to say that 21 fathers kill them selfs each week ( no proof there ) its like telling the kids your mum made me do it crap
The whole system needs an overhaul.
Hindsight though is dont have children with a lower socioeconomic status than yourself.
where can you find the guides?
The ex and I had a private agreement while I was working for a local construction company. It was a once only chance to earn big money for a year and I took it. The private agreement was 750/week (3000/ month) for my son and daughter and this was recognised by CS. That opportunity has finished now and I am back in a much lower paying position. Now they tell me that I owe because I wasn't paying the full amount when I was in the higher paid job, even though there was a private agreement that they knew about and recognised. I have all of my documentation, but they say it doesn't matter, I have to backpay?
I have the same situation but right here in Oz. She is married, has another child and gets supported both by her husband and family assistance from Centrelink and why should she work? Her income is zero. Here is what just happened to me:
I was working in Sydney for a year. Work finished and I tried to apply for jobs in Perth because that's home and my partner is there as well as our life together pretty much. No job came through. I then rang CSA when I got to Perth to re assess my income because I was out of work and could not afford $500 a fortnight. I can't even see my child he is 10 now I last saw him 5 years ago anyway that's another story of its own.
Anyway, the assessment was sent to her few weeks ago. She was advised that she had a right to dispute the new assessment. She exercised her rights and disputed it citing I am employed. I got call from CSA advising me of this last week. They said I also have the right to respond. I don't want to because there is nothing to respond to and if I do that's exactly what she wants, war. I asked CSA what was going to happen with the new assessment since she had disputed it. They said nothing. That's when I decided not to respond. I said to CSA my employer contacted you that I had seized employment with them therefore they will not be making any child support contributions out of my wages. I asked them why didn't you tell her she is wasting her time because you have the evidence? They said to me she has the right to dispute. I said to them why contacting me then instead of you stopping it there and tell her you will not be making any reassessments? The were not clear in their responses pretty much. It's very very sad.
I believe the law needs amending regarding a lower scale of assessment payments when a child lives overseas, as the father is simply paying out money and getting nothing in return for his support for his child. I have enquired of Private Investigators in the UK to get details on her life, the quotes come in at $3,000 - $6,000!! Add legal proceedings to that for contempt and work the maths. What hope do you have when CSA won't do anything for him to enforce a current financial report from the mother and also then check her information out. If my son went to the UK to see him, the mother would take off "on a holiday" to Scotland or somewhere the day his plane landed. That is the spiteful strategist she is.YOU JUST GIVE UP and wait until your child is an adult and comes looking for his father.
DPO- I was told by CSA i was getting my second DPO put on me. 2 months ago they gave me 2 days notice so I left the country. So now stuck abroad waiting on appeal process. As I don't want to be stuck in Australia with no way out.
Today after copying in Senatro/omburdsman etc. CSA came back to me and said there is no second DPO. So they tell lies all the time.
So if they have DPO you need it in writing or probably BS.
From boys underperforming at school to spiralling male suicide figures, from the overwhelmingly male prison population to the Family Law courts, why is no one in politics speaking up for men, I ask.
Fish have greater ministerial representation than men.
Someone to champion their sustainability, fight for their welfare, fend off existential threats. A minister mandated to look after them. Parliamentary debates held in their honour. Fish have it good in Australia.
Science, intellectual property, forests, sport and tourism – they all have ministerial portfolios. As do children and families. Whilst the minister for women – the Education Secretary – sits in Cabinet. Nowhere, in any our government departments and their numerous subdivisions, is the welfare of men given a look-in.
It’s time to change this gaping omission. To at least put men on an equal footing – or fin – with fish. We should have a Minister for Men.
You point is absolutely valid and I would like to add it to my list of solutions.
Could you reword your suggestion without the male/female pronouns (ie. when a parent does X rather than he/she) and also give an example of what you think a fairer out come would be eg. what do you mean by "dealt with accordingly", what would this look like? Clearly our courts and CSA need to be guided on what a fairer and more just system looks like, we can't leave it up to them to figure it out!
I will add your suggestion to the list once clarified. Thanks.
Yep top system
4. Increase payments for those parents who pay only the minimum of $25 per fortnight, by assessing their income on the minimum weekly wage (approx $34,000pa)
This $25 is insulting, ineffective and only disadvantages children who most need this money. Let's assess the income of these parents based on the minimum weekly wage instead (unless on disability pension) - this will give these parents an incentive to find work!
5. When children are of school age, the primary carer needs to work a minimum of 25 hours pw.
Both the Australian govt and citizens expect that both parents should be working and earning once the children are at school. Why are so many single parents exempt from this? Widows and widowers don't have that luxury, they almost always work FT as a single parent because there is no one paying for them to stay at home every day.
I am a personal injury lawyer, hence this discipline is not within my scope of advice. Look forward to receiving your constructive advice re cs arrears.