Legalities with DVO's and Child support

[stg]

OK well im in the situation where I have a DVO (domestic violence order) against the father of my child due 1st June, and I told him mid-pregnancy that I aborted or lost her - which is how I want it to stay.
I dont want anything from him. I would pay to have him out of my life.


If I simply state to centrelink that I dont wish to persue child support, as is my understanding ill get roughly $100 less a fortnight (reduced Family tax benefit A, is this correct? (im not claiming rent assistance)

This is actually.. ok.. if its just $100 less, to have him out of our life.

Or if I tell centrelink I have a DVO against him, will that be excuse enough not to persue child support? Or will they persue it anyway therefor he will find out about the baby (them saying its an issue for family court and he still has to pay)

OR does centrelink have access to the records of the DVO (i have legal testomy on the application that he is the father)
Will they persue child support without my consent?? sorry for all the questions... id just like to know now my options

such as reduced payment, just accept he will be in my life, or should I battle it in family court (he is really unstable)

[whatwasithinking]

If you speak to a Social Worker at C/Link explaining the situation you will get an excemption due to the circumstances and not have to pursue Child Support. You will then get your full Family Tax benefits entitlements.

It is only in certain circumstances that this will occur and your reasons are one of those circumstances.

I worked for CSA for a number of yrs and unless it has changed in the last 2yrs or so this information should still be correct.

[stg]

Thank so much - a big relief :)

[Amberlea]

If you speak to a Social Worker at C/Link explaining the situation you will get an excemption due to the circumstances and not have to pursue Child Support. You will then get your full Family Tax benefits entitlements.


This is in some effect true - but not completely.
It is extremelly hard to get an exemption these days even in situations of DV.
I tried pleading my case and they didnt bat an eyelid twice telling me I still had to claim even though there was a DVO and an AVO out on my ex.

STG - in regards to your family assistance - you will receive only the base rate if you dont claim maintenance. It may or may not be $100 less.. Centrelink will be able to tell you exactly if you ring them.

You can opt not to claim maintenance but they will try to force you - you can speak to a social worker as mentioned above - but it rarely gets you anywhere.
They cant force you to claim it though if you are willing to accept the base rate of family assistance.

I believe that they are changing that soon though so that everyone must claim to be elligible for any benefit at all... except in extreme circumstances.

[*Cj*]

Does centrelink know any thing about the father?

Could't you say that it was a one night stand and you know his first name thats it. It was in a hotel or some thing?

I know of people getting around it like that. You don't lose money then. Its a little hard to get child support from a first name (unknown father)

[stg]

I am willing to do that.

But its just the risk - if they find out that I DID know who the father was, id have to backpay the money.

Not sure how they would find out..

except the DVO. the application of the DVO has legal binding testimony that he is the father...

i dont know if centrelink will have access to my records like that and would be able to find out??

[Amberlea]

I was under the impression that if you told centrelink the father is unknown - they ask to sight the birth certificate..either way...
So as long as his name isnt on there - you could use that excuse. I assume that you arent going to put him on it anyway..

In which case - you dont need to mention the DVO or anything about it - as it isnt relevant.

You simply dont know who the father is - therefore cant claim maintenance off him ;)

[MummaBear03]

I was under the impression that if you told centrelink the father is unknown - they ask to sight the birth certificate..either way...
So as long as his name isnt on there - you could use that excuse. I assume that you arent going to put him on it anyway..

In which case - you dont need to mention the DVO or anything about it - as it isnt relevant.

You simply dont know who the father is - therefore cant claim maintenance off him ;)
:iagree: That's what I would do too. I get full FTB despite not having CS but it's easier to do it that way.

Also, does he know he is going to have a child with you soon? If so, child support and the fact that his name doesn't appear on the birth certificate does not mean he won't be given rights. Parental rights have nothing to do with child support or the birth certificate, if that makes sense. Even in the case of domestic violence, the father may be given some amount of care. I'd advise you to seek legal advice regarding this also. But if he's not told of the child, he's not on the birth certificate and he's not asked for maintenance, he may not wish to pursue it. Good luck.

[onemummmy]

Also, does he know he is going to have a child with you soon? If so, child support and the fact that his name doesn't appear on the birth certificate does not mean he won't be given rights. Parental rights have nothing to do with child support or the birth certificate, if that makes sense. Even in the case of domestic violence, the father may be given some amount of care. I'd advise you to seek legal advice regarding this also. But if he's not told of the child, he's not on the birth certificate and he's not asked for maintenance, he may not wish to pursue it. Good luck.

no she told him she aborted/lost the baby. If centrelink has anyy reason 2 suspect u are misleading them, yes they can access any court documents. One day he will most likely find out & then sh*t will hit the fan. I agree about getting legal advice:yes:

[stg]

Yeah I dont want to lie.

I think ill just go with the DVO thing - tell centrelink thats the reason I dont wanna persue child support.

If they give me the $100 less a fortnight, so be it. Its worth it to have him out of my life. No money can put a price on me and my daughters well being. Ill just have to go back to work sooner, but thats life

[Issey]

good luck with it but it sounds very complicated.

have you thought ahead what will you tell your child when they ask about their father....what if someone tells the father they have seen you pushing a pram it wouldn't take too much to put 1 + 1 together.

i'm sure you have very good reasons for doing what you are but usually the truth comes out at some stage, hope everything goes to plan :hugs::hugs:

[HarvestMoon]

I am willing to do that.

But its just the risk - if they find out that I DID know who the father was, id have to backpay the money.

Not sure how they would find out..

except the DVO. the application of the DVO has legal binding testimony that he is the father...

i dont know if centrelink will have access to my records like that and would be able to find out??

That was my circumstance. The ex was on the DVO as the father. I didn't put him on the birth cert., said i didn't know who the father was to centrelink. I never had any problems during the time i was on pps.

I didn't like the fact that i was lying but i was too terrified to even think about what would have happened had i been honest and upfront and had to still have involvement with my ex to this day.

[HarvestMoon]

Just wanted to add that because only you are on the DVO, he will have a clean slate with his child if he chooses to have access. The courts don't care about the history of abuse towards the pregnant mother. Even if a guy punches a women in the stomach and puts the child at risks they don't consider it. So more than likely he will be able to have unsupervised access with his child if he chooses.

It's an unfair system that tends to swing in favour on the father regardless of what kind of drop kick he is.

Might be something you want to consider before telling them you do know who he is.