So, I know this is in the wrong spot but I want to cast my net wide to answer my question. My ex dh has reduced his income this year so my CS has gone down. However he has still been able to buy a property over $1.06m and has other financial investments. I have 2 children with him age 6 years and 18 months. He is living a great life being able to buy pretty much whatever he likes on his new 'low income'. He consistently sees the children but also uses the opportunity to ridicule me in front of the children and there never seems to be enough evidence to obtain a DVO. He won't pay anything above CS and unless I work huge hours I will not be able to financially move forward. I live in Sydney (one of the worlds most expensive cities) and would like to be able to move to Queensland a)where the housing will be more affordable and b) where I can get childcare which is cheaper whilst I work. My lawyer says that I have almost a nil chance of moving. She says I need to prove that I am financially disadvantaged and I will need a strong case to move. I have friends in Queensland where I will have emotional support, there is work available and cheaper housing. I have no family in Australia though if I move my mother would be able to move here and I would be able to have support from her. It seems unfair that he can continue to financially screw me, that my children will need to be in full time daycare and after school care just so that he can have regular contact and I on the other hand am worrying about whether or not I can afford toilet paper. Any advice on how others proved financial hardship and moved away or any advice from family lawyers would be appreciated. I feel like i'm drowning from a situation that I did not create.
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27-10-2013 21:48 #1
Any family lawyers around or those with experience in moving: financial hardship
27-10-2013 23:35 #2
No advice sorry, but wanted to bump for you.
He sounds like a class A douche bag and I am so sorry you have to deal with that
27-10-2013 23:42 #3Senior Member
- Join Date
- May 2009
Could you perhaps find somewhere else in NSW that you could move to where it is less expensive to live?
28-10-2013 06:57 #4Senior Member
- Join Date
- Oct 2010
I don't know how true it is or how much effort they go to but I have had 2 people at csa tell me if my ex lowered his income substantially yet continued the lifestyle he was living they can investigate further through bank accounts etc & if he was able to buy a new house, car etc & maintain those payments they can nominate a figure he should be paying for child support. I haven't had to go through the process but I think it also means he has access to all of your financial information as well. It may be worth querying if you haven't already.
i don't have any legal experience with moving but good luck! It's rubbish that the father can move away from the child when they want but you can't. Keep in mind that if a move was allowed they may want you to pay for flights or half of the flights for the children to see their father so best to have that clarified as well.
28-10-2013 07:10 #5
What a d!ck.
I'm pretty sure you can object to a csa drop based on "capacity to earn" - ie he could be earning x amount and chooses not to, so he pays CS based on x amount. I'd call csa, If that person says they can't help, I'd hang up, call back and speak to a different person, and keep doing that until someone helps.
28-10-2013 07:23 #6Senior Member
- Join Date
- Sep 2010
There are definetly avenues to follow up with csa but be warned it will not be a fast process.
As for moving away I know that will be difficult to be able to do unfortunately.
I feel sorry for your situation.
Can you look to move to a cheaper area but closer? Did you obtain anything/everything your entitled to in your divorce settlement. You have 2yrs to do this.
As for him causing you grief on p/u & d/o can you have someone else there to do it even just for a short time ie friend?
Perhaps you can go to mediation?
28-10-2013 08:32 #7
28-10-2013 09:31 #8
28-10-2013 09:41 #9
Is he self employed? Im not sure why his income would go down if he wasn't.
I'd fill in the csa forms and see what they find out. There could be many reasons why his income went down and he doesn't have to tell you any of them. But he has to tell csa.
28-10-2013 11:01 #10
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