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Darren Kruse
Darren Kruse, Solicitor
Category: Australia Law
Satisfied Customers: 16
Experience:  Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.
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Hi my ex has not paid child support for some years now, the

Resolved Question:

Hi my ex has not paid child support for some years now, the child support agency has tried everything they can but no luck he has money but it in a trust in his wifes name and his business is also in her name which he claims he does not get a wage from. He owes in excess of $30,000 i was just wondering where to go from here.
Submitted: 5 years ago.
Category: Australia Law
Expert:  Darren Kruse replied 5 years ago.

Darren Kruse :

I'm not sure from your question if you are unhappy with the CSA determination of level of child support that should be paid, or if you are happy with the CSA determination - but the payments have not been made at the determined level.

Darren Kruse :

It sounds like he has organised his affairs to have a low reportable income to the ATO. But that is not the end of it. See this page ;

Darren Kruse :

http://guide.csa.gov.au/part_2/2_6_14.php in particular Special Circumstances and below. You will see that it it possible to look behind the family Trust and corporate structures in certain circumstances.

Darren Kruse :

If you are unhappy with CSA's determination you can apply to the Family Court ; See http://guide.csa.gov.au/part_4/4_3_2.php

Darren Kruse :

You would make a s116 application ; See http://guide.csa.gov.au/part_4/4_3_2.php#s116

Darren Kruse :

Then go back and read this ; http://guide.csa.gov.au/part_2/2_6_14.php#alienation_of_income_corporate_veil this sounds like the situation at play here.

Darren Kruse :

Ultimately, you need an enforceable court order. Non compliance with court orders simply isn't possible.

Darren Kruse :

As you are offline, I'll switch this to Q&A mode now.

Darren Kruse :

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