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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42629
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Need some advice. My partner has 3 kids. Oldest being 11.

Customer Question

Need some advice.
My partner has 3 kids. Oldest being 11. Her ex husband doesnt and has never paid child support, school fees ect. Even tho hes demanded they attend private schooling. He filed for hardship which means he doesnt have to pay legal or court costs either apparently. Hes chosen to only see his children 2 days per fortnight. He refuses to speak with her over anything taking every small thing through the legal system. For example wanting the children for an extra hr. These fees are very costly and putting a strain on my partner who struggles to give everything for the kids. Now hes applying for full custody even though everyone knows its a waist of time and money. My partner has gad to take out another $15000 loan to combat this. Her ex will pay nothing again apparently. Is there anyway around letting him constantly waste peoples time and money for obviously nothing?
Submitted: 6 months ago.
Category: Australia Law
Expert:  Leon replied 6 months 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.

Is he on legal aid? Does he work?

Expert:  Leon replied 6 months ago.

Good Morning

I assume he is on legal aid.

The only way you can apply for child support is to go to the child support agency. It is not done through court. The court only deals with the time the children seen with the parents and where they live.

Here is the link

https://www.humanservices.gov.au/customer/enablers/applying-child-support-assessment

The law only requires him to pay what he is assessed to pay and no more.

If you want the children to go to private schools and he does not want to pay extra he is not required to. He only has tp pay what he is assed to pay.

I am sorry I cannot give you anything more positive. 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