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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44375
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Ive spoken to you before about my ex trying to tie up all s

Customer Question

Hi Patrick, Ive spoken to you before about my ex trying to tie up all his assets to avoid child support. He is now in arrears of $6220, after a change of assessment was made for him to pay $1000 a month, and also $4000 of arrears as well from Aug to November, and $1000 up to December 2016. The problem I have is He admitted in his change of assessment that he had $80,000 in his bank, and previous to that had $109,000, but had only $80,000 at 12/10/2015. 4 weeks after the decision was made he has now got his house on the market, he has over $170,000 equity in his home loan, $180,000 in his super, and plus the $80,000 in his savings if not more than what he has stated. Child support are helping at all. They are very very slow in trying to get the arrears. He hasn't worked for 12 months now since he recieved a redundancy from Rio Tinto. I have just found out he has epilepsy, but is controlled by medication, but still not working as he reckons because he has no license because of eplilepsy he cant work. He is planning on tying up all his assets once his house is sold and buying s house with his partner as child support have informed me that if he has joint assets and joint bank accounts, that they cant touch any of his money at all. I believe he has withdrawn all the equity from his home loan before the house is sold, so when it is sold even if child support put a 72A on his property there will be no money left over for child support to take the arrears.
I am really really struggling atm and child support are not doing anthink quickly and by the time they do he would have hidden all his money. He is using his medical condition as an excuse to not work, but not at all proven what it is, he sent very limited medical info in his change of assessment which didnt say he couldnt work again, and child support accepted he has some type of medical condition without even investigating further, and I have been told by a member of parliament that I saw, that him having epilepsy and diabetes and not having a license doesn't stop him from working at all. He has tryed also claiming for a disability so he only gets assessed to pay very limited child support of $25 a week. Can I bypass child support and get this taken into family court to go for a lump sum of child support until my son turns 18 if he isn't going to work ever again, and just live off all his money and assets, and wait for his super when he is of age. Child Support reckon they cant touch his super either. I have 100% custody in the family court of WA orders as he was on criminal charges and his son who is 12 doesnt want any contact at all with his father. Please Please help as I'm so stressed that he will just get away with paying me any money as child support are not doing any think to get the money. I'm told I have to exhaust all the child support avenues to get my money first, before it can go to court. By this time it will be way too late, he would of got rid of his money by then.
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.

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?

Customer: replied 1 year ago.
what about him not working to avoid child support
Expert:  Leon replied 1 year ago.

Good Morning

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.

Expert:  Leon replied 1 year ago.

Good Morning

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

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.



Expert:  Leon replied 1 year ago.

Good Evening

I am following up my last post.

Is there anything else I can assist you with?