Just Curious

[pumpkin]

hi don't want a heated argument etc, just wondering.

If a payer has a debt of unpaid etc child support (whatever amount e.g 1000 to 5000 as examples )

and the payee agrees to do a private collect for the normal weekly payments and child support agrees.

but the payee does not inform child support about the overdue amount owing,(as cs have a deadline that either you the payee can collect it privately or that cs continue to collect it etc only after they have been advised to otherwise the debt is wiped with the child support agency, and if the payee goes back through cs there is no debt as it has been cleared. as they ran out of time to inform them what they wanted done etc)

hope no one is lost atm lol

does the payee have to chase the debt themselves?or just let it go?
just wondering how many people have been in this type of situation or have had it happen to them??

keep it nice lol

[whatwasithinking]

I have very good knowledge of the Child Support System but I can't understand your question - can you please elaborate more.

I can understand some of it but then I get stuck at the end.

Are you trying to say what happens if the payee collects privately but there are unpaid debt then payee goes through CSA but doesn't complete the part about unpaid child support (through private arrangment) then decides to go private who chases up the unpaid debt from the orginal private arrangment - CSA or the payee. Is that your question? I don't want to answer the question until I know exactly what you are asking.

[Gribel]

Heya Pumpkin

not sure to be honest, but I would think that you would either have to get CSA to collect both (monthly liability and debt) or have a private arrangement for both....
My DS Dad has a huge debt (over $3000) and I got CSA to arrange for the monthly liability and the debt, cause sure enough he's already trying to reduce the debt payments (will therefore take him longer to pay me back). So at least I don;t have to deal financially with him

Sorry, not sure if this helps, probably best if you look up the CSA website or just give them a call and ask

Good Luck :fingerscrossed:

Cheers
Belinda

[pegasus]

Just thinking - I think the only way for the payee to recover the money would be through their own channels.

When my hubby enquired about a debt from the payee to him - CSA said that if he wanted it he had to go through small claims. I think in the end if would've cost us more than the $1000 she owed us, there was no allowance for amounts to be deducted from our payments or whatever.

Surely this would have to work the other way around?

[claireandbailey]

My DD dad has a debt also over $3000 i have CSA collect the money from him monthly but because he has the debt he has to pay more each month to pay back the debt. I wouldnt do a private agreement with him because its hard enough getting the money with CSA collecting i can imagine wat it would be like if we had a private agreement

[Gribel]

Hi Claireandbailey

totally agree, same situation here. Pretty much every month I'm on the phone to CSA cause his payments are late!!!! Can't even imagine how much more trouble it would be if I had to run after him "begging" to pay up......

[jessgray]

my father never gave my mum a cent in child support ever. i'm now 19 going on 20 i was wondering can i chase him up for those years of unpaid child support?

[pumpkin]

my father never gave my mum a cent in child support ever. i'm now 19 going on 20 i was wondering can i chase him up for those years of unpaid child support?


nope the furtherset you can go back is 3 months. but as you are now over 18 he doesnt have to pay at all, the cut off is 18 years old. (sorry)

[Baby Girl]

nope the furtherset you can go back is 3 months. but as you are now over 18 he doesnt have to pay at all, the cut off is 18 years old. (sorry)
Not entirely true.

If you have a court order that states he has to pay a certain amount each week/month and you can prove he has not paid it then you are entitled to take it to court (small claims maybe) and ask for the backpay up to the time you turned 16 or 18 (depending what the order states).

As CSA now takes care of it and it doesn't actually go through the courts that often anymore, it does depend on the circumstances of the arrangement.

If it is a court ordered payment - you can still look into claiming it.

[pumpkin]

Not entirely true.

If you have a court order that states he has to pay a certain amount each week/month and you can prove he has not paid it then you are entitled to take it to court (small claims maybe) and ask for the backpay up to the time you turned 16 or 18 (depending what the order states).

As CSA now takes care of it and it doesn't actually go through the courts that often anymore, it does depend on the circumstances of the arrangement.

If it is a court ordered payment - you can still look into claiming it.

if it was court ordered her mother would have been a fool not to let court know that he wasn't adhereing to the decision made by the court so if it was ordered yet she failed to advise they will not take the matter further as the mother had set time limits to let court know about the non payment of an order.
if it was through csa they should have been the ones chasing him for the non payment. just wondering whether it was a csa case or private collect case?

legally 3 months is all they can back date or try to backdate a claim, otherwise he can then take them to court over the situation if he didnt agree iykwim.


all in all it would cost more for either her mother or herself to now even try to get any csa out of him as she is nearly 20 and it will cost them more money especially with a non favourable outcome to herself.

[Baby Girl]

Pumpkin,

I know what you are saying but....

If it is a court order - as was done most of the time in the "old" days such as 20 odd years ago - once it was set they had nothing further to do with it and CSA was not as powerful as they are now, I don't even think they were called CSA, I think it was the DSS.

It can become a hassle but it is possible and in some cases worth the headache!

I just wanted to say in my first post, that depending on the circumstances, it may be possible.

[jessgray]

it was court ordered.when he left geelong his family told CSA he was dead so CSA closed the file on him. so i dont know what to do coz i know he is very much alive in NT

[mumof03]

My father stopped paying my mother child support for me when I was 11 years old. When I was 16 she made a claim through cs to get back the arrears he owed. CS told her it would be pretty much impossible to get back the last 5 years worth of maintence, but to try for 1 year. Mum did this and we got the entire last year he owed (which only turned out to be about $800) but it was enough to buy my first car. She did all this through CS without having to go through court.
That was 15 years ago, so everything may have changed since then.

[jessgray]

thanks for that. i might ring up and see if i can do anything. im not holding my breath though. :laughing: my father (or sperm donor as i call him) was spose to pay $200 a month thats like $2400 a year. 20 years of not paying...:detective:
thats about $48000 or something im **** at maths:laughing:

[pumpkin]

thanks for that. i might ring up and see if i can do anything. im not holding my breath though. :laughing: my father (or sperm donor as i call him) was spose to pay $200 a month thats like $2400 a year. 20 years of not paying...:detective:
thats about $48000 or something im **** at maths:laughing:


you will legally be unable to claim as you are older then 18 years as 18 is the final cut off for csa to be paid. required (even though you are seekng back pay) your mother at the time should have done something about it if she wasnt recieving it.iykwim.

also if you want to try to get it csa wont want anything to do with it and legally they cannot do anything but if you seriously want to try the only place to take it is to family court yet (i hope you have heaps of money for this as it is very costly) they will also tell you that legally you will not get it as youa re older now and your mum should have let someone know she wasnt getting it, and also seeing as though you have children you will be capable of looking after yourself.etc as you were when you were 18. so if you say you need the money from back then they will see you as a parent who cannot support her own kids and that will look badly on you from the judge deciding that you wont get it.

if you want more info or "higher people" to contact to talk about this just pm me i will give you details.

[jessgray]

my mum told csa years ago and they turned around and said "we were told he is deceased so we cannto re-open his file"