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  1. #11
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    Default Child support question

    Quote Originally Posted by MsTruth View Post
    I know that you have not raised this in your OP, but if the father wants nothing to do with you and your child, and you can afford it, then I would not bother with claiming child support.

    Too often I see cases where fathers get orders to spend time with a child simply because the mother went for child support and it causes years of stress for the child and the mother.
    Sorry but this is rubbish. Access is not based around child support at all. Parents are not allowed to withhold access to make the other parent pay CS, nor does a parent have to pay CS to see their child. Even parents who are years behind in payments are entitled to access their children as the courts deem access to both parents to be in the best interests of the child unless there is serious safety concerns eg abuse etc. No one just "gets orders" anyway, that's not how it works. There is mediation to go through before anything else, unless there is conflicting domestic violence orders.

    Also, not claiming child support can lessen or stop family tax benefit payments, so OP, I would be ringing CSA ASAP to get your situation sorted out. There won't be back pay usually. They can discuss ways for you to get him to sign the birth cert if needed, or tell you what other options you may have.
    Last edited by Atropos; 08-02-2013 at 18:10.

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  3. #12
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    Default Child support question

    I agree, I'd be ringing CSA and getting that sorted. It has nothing to do with access (and I've been there as far as this goes). You can't simply tell them you have 100% care.

    As for his family, I'd leave it. It is not your place.

  4. #13
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    Quote Originally Posted by Atropos View Post
    Sorry but this is rubbish. Access is not based around child support at all. Parents are not allowed to withhold access to make the other parent pay CS, nor does a parent have to pay CS to see their child. Even parents who are years behind in payments are entitled to access their children as the courts deem access to both parents to be in the best interests of the child unless there is serious safety concerns eg abuse etc. No one just "gets orders" anyway, that's not how it works. There is mediation to go through before anything else, unless there is conflicting domestic violence orders.

    Also, not claiming child support can lessen or stop family tax benefit payments, so OP, I would be ringing CSA ASAP to get your situation sorted out.
    It is not rubbish and I figure after practicing family law for 10 plus years that I have an idea of what I am talking about. No where have I said that child support is directly linked to parenting orders; however having said that payment of child support is one of the s75 factors that the Family Court takes into consideration. Note that I have said 'one' there are a number of factors.

    My point was that I have seen countless men come to me for advice on seeing their children simply because the mothers went after them for child support. Prior to the women making appliation for child support they had no interest in the child but once money came into it they were demanding to see the child.

    As for FTB etc I did acknowledge that when I said ' if you can afford it'. If a mother does not need to access Centrelink (and there is no law saying that you have to access a pension even if you are entitled to it) and would prefer not to have a father in a child's life (for whatever reason) then they are best not to apply for child support.
    Last edited by MsTruth; 08-02-2013 at 18:18.

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    Default Child support question

    Quote Originally Posted by MsTruth View Post
    I know that you have not raised this in your OP, but if the father wants nothing to do with you and your child, and you can afford it, then I would not bother with claiming child support.

    Too often I see cases where fathers get orders to spend time with a child simply because the mother went for child support and it causes years of stress for the child and the mother.


    Quote Originally Posted by MsTruth View Post
    It is not rubbish and I figure after practicing family law for 10 plus years that I have an idea of what I am talking about. No where have I said that child support is directly linked to parenting orders; however having said that payment of child support is one of the s75 factors that the Family Court takes into consideration. Note that I have said 'one' there are a number of factors.

    My point was that I have seen countless men come to me for advice on seeing their children simply because the mothers went after them for child support. Prior to the women making appliation for child support they had no interest in the child but once money came into it they were demanding to see the child.

    As for FTB etc I did acknowledge that when I said ' if you can afford it'. If a mother does not need to access Centrelink (and there is no law saying that you have to access a pension even if you are entitled to it) and would prefer not to have a father in a child's life (for whatever reason) then they are best not to apply for child support.
    This isn't what you said in your first post, you said you "see cases where fathers get orders to spend time with a child simply because the mother went for child support", my response was to that statement because that does indeed link child support to parenting orders, which isn't the case since the family court considers child support and parenting issues separately.

    What is s75 that you refer to? S75 of the Child Support act refers to amendments of assessments, and s75 in the Family Law act is spousal maintenance, I'd be interested to see this list of factors, having been through family law court more than once myself with my ex and then with DH and his exW.
    Last edited by Atropos; 08-02-2013 at 19:34.

  6. #15
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    Default Re: Child support question

    sorry I typed 75 by habit as it use to be section 75e of the family law act,it is now section 60cc. One of the factors is each parents contribution to maintaining the child,which is financial.

    OP I suggest that you get some legal advice before contacting the Child Support Agency,then you will be armed with the information to make a decision

    Sent from my GT-I9100T using BubHub

  7. #16
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    Default Child support question

    Quote Originally Posted by MsTruth View Post
    sorry I typed 75 by habit as it use to be section 75e of the family law act,it is now section 60cc. One of the factors is each parents contribution to maintaining the child,which is financial.

    OP I suggest that you get some legal advice before contacting the Child Support Agency,then you will be armed with the information to make a decision

    Sent from my GT-I9100T using BubHub
    Oh yes, I've seen s60cc before. I agree that legal,advice wouldn't go astray, OP.

  8. #17
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    oops didnt realize this was single parent forum sorry
    Last edited by Lovemyfam; 08-02-2013 at 21:17.

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    Default Child support question

    Quote Originally Posted by flyawayfree View Post
    I agree, I'd be ringing CSA and getting that sorted. It has nothing to do with access (and I've been there as far as this goes). You can't simply tell them you have 100% care.

    As for his family, I'd leave it. It is not your place.
    Thanks but I never had any intention of telling his family and never mentioned anything in here about it either :-/

  10. #19
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    Default Child support question

    Thanks everyone and yeah, I can't afford to lose my family tax benefit just so he can pretend all this isn't happening. I'm happy not to claim cs as long as it doesn't affect me negatively financially. But as far as I've been advised by legal aid it will so I'm going after him for it.

  11. #20
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    Default Child support question

    Sorry, I totally was thinking of another thread as I was writing the second part to my response. Apologies.


 

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