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Child Support (CSA) dilema when in Oz


Guest Rich&Jules

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Hi, i'm currently in Melbourne and my ex is paying child support through the CSA. They have advised if I wanted to return to the UK, they will still collect the child support in the same fashion and will pay into a nominated bank account in the UK..... there is the reciprocal agreement indeed. If a UK citizen moves back to the UK, and is paid child support via CSA Australia, CSA Aus will still collect and pay.

Perhaps UK would do the same, but Aus CSA would not get involved in your case here unless your ex contacts them and gives them your information, re tax file number here. If she doesn't have it then they can't trace you.

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  • 1 month later...
Guest retrowizard

Hi

I would just like to add my penny's worth. I also, am previosly married and have payed continually, without fail every month for the past 12 years or so through a court order . We (my new wife and I) moved here two years ago from the UK and have had trouble throughout the last 6 years in gaining access to my son. Since we emigrated it has then become impossible to contact him, so just over six months ago stopped paying the money to the X and put it into a trust fund for him. He has now turned 16 (and assume he will not be going through further education having been excluded from school) in November last year.

I have now just received a letter from the Australian Government CSA stating they have received an application to assess both parents for child support. They have given me 3 DAYS!!!! to contact them otherwise they will be required to process on the information givern by my X wife in the UK.

They have told me they will assess this application on my taxable income from last year.

Can someone please let me know exactly where I stand as I, in my opinion have done everything by the book (or court order) for eleven and a half years and gone through hell to try and stay in contact with my son.

Do they have the right to proceed in this way and having three days to contact them do not know what to do.

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Guest jmahood
Hi all

I have been informed that I can apply for a longstay 457 visa,

But fear I'll be knocked back because I owe the csa payment, I currently pay csa via detachment of earnings . But fear this will steve my entry Into austrila

Or do I just not inform them !

 

Your CSA payments are not relevant to your 457 visa. The same way that your credit rating is not relevant!

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Guest retrowizard
Retrowizard, You need serious help to find out where you stand. You need a lawyers advice

 

Having only 3 days to respond, worried by the time I get round to seeking legal advise the CSA police will have started the process.

Do I contact them?

or stay silent until I have received advise?

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Guest guest36187

None of us here are in a position to advise. We are not legal minded. You need advise from someone who can tell you where you stand, what your entitlements are and where to go from here.

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Retrowizard, I'm not a lawyer but will give you my opinion on what I know as a long standing payer of child support too.

Firstly, whether you are seeing your child is irrelevant in terms of requirement to pay child support, so you were wrong to stop paying when you did. You may well be liable to pay back what you owe.

Secondly, child support is normally payable until the child is 18. If you are saying the child has left school and is in full time work and is not a dependent then that may mean child support ceases. Not sure on that one. If the child is still a dependent of your ex, then you will be up for child support.

 

Be aware that child support is for the upkeep of the child and pays for rent, mortgage, food, clothes etc. You can't just put money in an account for the child and say you plan to give it him later.

 

As I said, I'm not a lawyer but believe this is correct and you will have to pay up.

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Guest retrowizard

Clearly,

 

Paying the last six months money back is not the issue. Nor is the lack of contact (although this is and has been very upsetting for my son and myself)

I have a court order issued in 1997 in the UK Courts and my question was whether the Australian Government CSA have a right to get involved. The court order also states that if he leaves school and does not wish to take part in further education I stop paying at the child (my son's) sixteenth birthday.

Not sure if you are paying through the UK or OZ CSA as I don't know your circumstances.

As I'm unable to contact my son do not see why I should pay anything after any given true final date stated in my Court order. (Oh and I aint going to get any call from my X substantiating that !) That said we seem to be going off topic.

I was after input from people who may have had a similar issue to contend with or with legal knowledge like at the start of this post.

thanks

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  • 3 weeks later...

We've been in this situation around 12 years ago and again now and were told both times by the CSA that once my hubby left the country the payments stopped (which they did). We returned from Australia 3 years later (my fault, so he keeps reminding me!) and there was no back payment or owed money from the time away, we were reassessed and started paying again.

We are now on our way back to Aust (finally the OH says!) and once again the CSA have told him that directly he leaves the country all payments will stop. We or course made private arrangements before and will do so again (with evidenced documentation to support this).

Hope this helps

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  • 10 months later...
Guest Emmie1968

I just wanted to make something very clear to all people leaving the UK thinking that the CSA won't get you.

We have been assessed under the Australia CSA for two children in the UK and we are currently paying $33,600 per year, under the English assessment we would be paying $14000 for the same salary. They have left us unable to complete our permanent residency and also unable to pay our flights home. As we are not Permanent Residents we receive no benefits, no tax credits and no family credits. Yet we pay full rate tax and child care costs.

Please think very carefully before making this move or you could be like we are and stuck with nowhere to go. The CSA's reasoning is that the twisted ex partner can make a choice as to where she wants the assessment made NOT what is fair. I have a child here that we cannot afford to take to the dentist or medical care due to this. So PLEASE be extremely careful.

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Guest littlesarah

Community legal centres are out there, and can give really good help and advice in these kind of cases. If you are short of cash, they can be a great place to go for help. (Don't believe those who tell you that all lawyers are bad - some have a social conscience, and some law schools now run community sessions in which their more experienced students offer free help, under supervision of course!)

 

I hope all of you with such worries are able to get things sorted. The CSA here in Aus are very tenacious, from what I hear.

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