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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.
Have you spoken to your ex husband and does he agree to paying a lump sum?
The family court does not have jurisdiction to deal with child support. If you ca reach an agreement with him it can be registered with the CSA.
His super cannot be touched by them. If you have not had a property settlement you can apply for a property settlement and the super can be split. But this has time limits.
If you were defacto 2 years from the date of separation if married you have 12 months from the date you were divorced.
What you have been told is correct. The other thing is that his CSA debt does not disappear ever unless you agree to wipe it.
So if he gets money in the future and you are aware of this then the CSA can garnishee bank accounts etc.
But the debt remains.
I hope this makes sense?
No court can force him to work.
It is unfortunate that he feels like this but if he chooses not to work they cannot force him and child support is assessed on the income that he is earning.
I am sorry I cannot give you anything more positive
He cannot declare bankruptcy either. CSA debts are not wiped by bankruptcy
It is a matter of wait and see and the money can be collected later.
If there is nothing further
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