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How can I force my ex husband to pay maintenance when he hasnt

 
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  • Answered by:Alex
  • Solicitor - Admitted 2005
  • Positive Feedback: 94.6 %
  • Accepted Answers: 12747
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in Australia Law

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Customer Question

How can I force my ex husband to pay maintenance when he hasn't submitted a tax return for five years and his employer won't act on the request from the child support agency. His whereabouts and employment status are common knowledge

 

Optional Information:
State/Territory: NSW

Already Tried:
Constant communication with Child Support Contact and updates with the father of the child. No restrictions on visitation or access Updating father on child's medical progress she suffers from seizures Contacting ATO Appealing to the father for support

Submitted: 313 days and 15 hours ago.
Category: Australia Law
Value: AU$99
Status: CLOSED
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Expert:  Alex replied 313 days and 15 hours ago.

How much does the Child Support Agency say he owes?

Also, does he have any assets? (ie. a property or shares)

The fact he is not filing tax returns doesn't stop CSA from assessing him for those 5 years.

Customer replied 313 days and 1 hours ago.

Last time I checked (about 3 months ago) he owed $2900, this is based on the minimum wage rate $59/w.


He has no assets that I am aware of. CSA are accruing the debt on his behalf but he refuses to pay them.


I have been informed by CSA that although they threaten the employers with fines if they do not comply with wage garnishing, the agency simply does not have the manpower to follow through with it.

Accepted Answer

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Expert:  Alex replied 313 days and 1 hours ago.

Unfortunately if he has no assets that you can go after, and if the CSA won't exercise their legislative powers to help you, then you really have no options here except to wait for him to build up an asset and then sue him for it. But for the time being, there isn't anything further that can be done here.

I'm sorry, and I wish I had better news for you.

I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me if I were to provide you with anything less than truthful and honest information.

As such, if you are satisfied with my effort in answering your question, then I'll ask that you please provide positive feedback.

Expert TypeSolicitor - Admitted 2005
Category: Australia Law
Pos. Feedback: 94.6 %
Accepts: 12747
Answered: 7/5/2012

Experience: I did my law degree at the University of Queensland

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