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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43739
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Just enquiring, my husband is a gh income earner, so that

Customer Question

Good morning, just enquiring, my husband is a high income earner, so that means high csa payments, we are about to locate, meaning my husband will have a new job and its going to be a huge reduction in wage. My husbands worried his daughters mother will take action of trying to get his super to make up for the loss of the csa payments. Can this be done. Thankyou
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.

He has to advise Human Services of the change in income and they will adjust his payments.

Super cannot be touched for child support. It is part of a property settlement and if they are divorced then she had 12 months from the date of divorce to take him to court.

If they are not divorced and have a property settlement through the courts she cannot do anything more.

If they are not divorced and have not settled their property she can make an application. But it is not for children child support.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

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

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 1 year ago.
The only issue is child support. My husband is concerned she can go for his super, as he mate said becauce he will be going on a low wage, and she is used of the high child support, that she could take him for that.. they have been seperated for over ten yrs.
Expert:  Leon replied 1 year ago.

Good Afternoon

She cannot go after his superannuation.

No she cannot do that. His friend is wrong in what he has told him.

If they are not divorced he has to file for divorce.

She can only claim his superannuation on a property settlement.