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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 39147
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hello, I have a question regarding Child Support in Australian

Resolved Question:

Hello, I have a question regarding Child Support in Australian (Victorian) Family Law. I have in place a Binding Child Support Agreement dated Oct 2011 and accepted by Child Support Agency Registrar in November 2011.

Agreement states wife (myself) is eligible Carer and Husband is liable parent.
Wife has applied for administrative assessment of child support and there is currently administrative assessment in place.
Husband shall pay or cause to be paid for the support of the children a sum as may be required pursuant to administrative assessment.

In addition to the periodic child support provided the husband shall pay an equal half share of support for the children of: school fees, out of pocket medical expenses, hospital fees, dental, orthodontic, medicine and pharmaceutical expenses.

Method of payment: payment of husbands half share of out of pocket expenses shall be made directly by husband to service provider.

Now my question: my ex husband after agreeing to Our binding agreement, to pay for half orthodontic treatment has now reneged and is stating he will not even consider paying anything towards treatment.. I have contacted child support agency and their hands are tied because of wording of agreement in which it states husband is to pay directly to service provider... Indeed, they have suggested that the provider seek debt recovery for my exes half payment! (I sincerely XXXXX XXXXX practitioner will take me on knowing they are only assured of half payment) I need some help please on where to go from here. I am looking at invoices of $6500 and $7500 for each of my children plus hospitalization for jaw surgery for one of them and the amount is beyond my capacity to pay in full. At the moment it feels like my Binding Agreement isn't worth the paper it is typed on!!! Regards Lee
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Morning.

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.


You have an enforceable agreement, and you will need to take the agreement to VCAT and sue him for the money.

If you have the fill amount of the invoices you can sue him for 50% and also interest.

It appears to be a reasonable amount and you would be able to get a Solicitor to assist you,

Be aware though that you will need to pay their costs and these could be up around $10,000.00 if your ex decides to defend your claim.

Does he have assests?
Customer: replied 1 year ago.
Hi there thanks for your quick response. No he doesn't have assets, he has liquidated these presumably to his girlfriend. He does have a great amount of debt (he accumulated thousands in credit card debt towards the end of our relationship).

Regarding the VCAT, is there any other option? , I know it will be quite costly to retain a solicitor and then if by some chance he can prove that the half will destroy him financially (which is what he is threatening me with) , then really I am defeating the purpose and reasons behind my action. Is there any way child support can assist with the wording the way it is?

Expert:  Leon replied 1 year ago.
Good Morning

Does he work? Do you have any details of his bank account?

The other option is to consider having him assessed for child support by the agency but you cannot claim what is in the agreement from that day onward.

What he owes you under the agreement you can sue for.

If you believe he would have to pay more if the Child Support agency will colect it this may get him to pay you.

You can use the estimator to work it out.

https://processing.csa.gov.au/estimator/index.aspx

The other option is to seek orders form the Family court but this will cost more than VCAT.

Is there anything else I can assist you with?

Customer: replied 1 year ago.
Thanks again, I think I'm better off as my agreement stands, so I won't rock the boat with CSA asking for another assessment. Yes I do know his bank account details and yes he is in full time employment with quite a substantial salary (at least 4x above what I earn). So really my only option is to apply thru VCAT as Family Court would be too expensive...... What in your opinion would be the likelihood of me winning my case, and then who collects and enforces payment of that awarded money? Also would u know how long that process (court/judgement) would be and could I represent myself?
Expert:  Leon replied 1 year ago.
Good Morning

Once you get judgement from VCAT you need to register the judgement with the Magistrate court.

The Magistrates Court can then give you a garnishee order against his bank account and employer and the money will be taken out from there.

VCAT is easier and you can di it yourself as the process is there so that individuals can use it.

You will be successful because you have an agreement. If he wishes to defend it he has to show that he has paid. There is really not much else available to him.

Here are details on how to enforce an order from VCAT

http://www.vcat.vic.gov.au/sites/default/files/guide-to_enforcing_a_monetary_order_in_the_residential_tenancies_list.pdf

Is there anything else I can assist you with?
Customer: replied 1 year ago.
Wow, thank you don't know how much weight you have lifted off my shoulders! I have very much appreciated your advice.... Kind regards
Expert:  Leon replied 1 year ago.
Good Morning

You are very welcome.

This is what I am here for and I try to do my best to assist.

Tthank you for using my services.

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback

Leon, Solicitor
Category: Australia Law
Satisfied Customers: 39147
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Leon and other Australia Law Specialists are ready to help you

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