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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My expartner David Sims born in 4 0ctober 1954 left me with

Customer Question

My expartner David Sims born in 4 0ctober 1954 left me with his 13 year old son to support with no assistance. I am on Newstart and sole parent payment getting the maximum FTB. The Child Support Agency cannot get any money from him. He has no record of employment or payments they can follow. He should be due for the aged pension by now. Can his pension be accessed? If he gets any money from military service, can I get that?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Queensland
JA: Have you talked to a lawyer yet?
Customer: I talked to the lawyer who had supported his exwife's case against him. She said he probably has no money.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I know he has a little superannuation, but it probably is composed only of the compulsory employer deposits from when he did work.
Submitted: 1 month ago.
Category: Australia Law
Expert:  Leon replied 1 month ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Customer: replied 1 month ago.
no call. I'm in Qld. Do you know the law there?
Expert:  Leon replied 1 month ago.

Good Morning

Have you lodged the Child Support application and have they assessed him for what he has to pay?

Customer: replied 1 month ago.
I think I had better cancel this service you are giving. Not giving any answers. Just more requests for money.
Customer: replied 1 month ago.
Years ago. CSA has been on to him, but say they can't do anything else
Customer: replied 1 month ago.
They ha ve assessed him as owing me at least $15000 in unpaid child support
Expert:  Leon replied 1 month ago.

I am not asking you for anymore money.

You may be able to take the matter to the Federal Circuit court and seek an order that it comes out of his superannuation.

Once you have the order the money can be tagged if it cannot be released early.

But you will have to take the matter to the court.

How much superannuation does he have? Does he have any other assets?

Customer: replied 1 month ago.
I have just seen my credit card has been debited $93 approx rather than the $5 and the free trial. I have just had to cancel my credit card to avoid any further unsolicited deductions by Just Answer. How can I cancel this subscription?
Expert:  Leon replied 1 month ago.

I will pass this onto the administrators to deal with.

There is no need to reply further.

All the best and good luck

Regards

Leon