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My husbands ex-wife contacted Child Support to have him

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My husbands ex-wife contacted...

My husbands ex-wife contacted Child Support to have him reviewed. We signed a contact to sell our investment home on 15 June 2017, it settled August 2018. We sold this house to help purchase our current house. We were unaware that it affected the 2017 tax year, and also that his ex wife would get a portion of the sale due to capital gain as this was a sale of an asset never owned by her. We now have a $9k tax bill each (which is fine) but we have to pay her a further $8,000 in child support becasue of the capital gains. We have agreed to pay $2,000 to her now and have asked for a 6 mth payment plan for the remaining $6,000. This is due to having the large tax debt and not having that much cash lying around. The ex-wife is now asking for us to be investigated again as she is unhappy with a payment plan. At the time of their divorce, she received a mortgage free house, $250,000 in cash. My husband received $150,000 cash plus the SMSF. I feel absolutely lost, child support do not consider me or our child in there assessments, and have said that my husband earns plenty of money there shouldn't be an issue to pay. Is there anything we can do legally to stop all of this

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

What can a family court do though? What would I file?

Lawyer's Assistant: Family law varies by state. What state are they in?

QLD

Submitted: 2 months ago.Category: Australia Law
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Answered in 5 minutes by:
5/30/2018
Solicitor: Leon, Solicitor replied 2 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,927
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 2 months ago

Good Afternoon

Has he appealed the decision of Child Support and has his accountant provided details to child support to sort this out?

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Customer reply replied 2 months ago
He has, he will (unhappily) pay the amount, it's the lump sum payment that is an issue. Child Support were ok with it until his exwife contacted them, now they're suggesting he should claim hardship. I work in finance and have told him not to do that. They're wanting full payment
Solicitor: Leon, Solicitor replied 2 months ago

He can request to pay it in intalments.

He will have to provide them details of his financial position.

https://www.humanservices.gov.au/individuals/forms/cs4645

But he can request to pay it off.

I hope this has assisted you with your question today.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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