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Child Support Debt

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Blizzard236 View Drop Down
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Joined: 16/December/2017
Location: Australia
Posts: 1
  Quote Blizzard236 Quote  Post ReplyReply Direct Link To This Post Topic: Child Support Debt
    Posted: 16/December/2017 at 07:33
My ex owes a substantial amount of back child support ($20k) and has become an expert at hiding his income from the law (he is self employed)I know we will never see this money! He hates this deb and is constantly having a go at me about it - But I need some advice...

Currently we have collection via CSA - which puts all kinds of barriers in place for him - what happens to that debt if I change it to private collection? Does that mean CSA will stop collecting this money and chasing this debt will become my issue? He has family overseas he wants to see. (We are both from NZ and our daughters have NZ citizen up by decent)

The reason I ask is because I wasn’t to relocate with our two children. He would never let me - even though he doesn’t see them and refuses to pay child support. I know I could get him to say yes if I can get child support off his back.

My thoughts were if I get it in writing from him that he’s happy for me to relocate I would change the collection arrangement from CSA to private in the hope this $20k debt would disappear.

I know it’s a large sum of money but it’s been 3 years since he paid a cent. I’m exhausted fighting with him about it, I don’t want to go to court I just want to move to be near my family.

NB: I would still never ever stand in the way of him having a relationship without daughters because I know how important it is for those girls to know their dad.

Thanks

Helpingafriend View Drop Down
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Joined: 20/July/2013
Location: Australia
Posts: 20
  Quote Helpingafriend Quote  Post ReplyReply Direct Link To This Post Posted: 16/December/2017 at 14:43
It is now a debt to the Commonwealth therefore I don't think changing it will waive the amount he is already in arrears.

Do you already have parenting orders? What do they say about time with their father, having passports and going overseas?

NZ is a Hague Convention country however if he has a right to spend time with them and is not currently doing so then he would not have grounds to petition for their return to Aus.

I know you said you don't want to go to court but I think this is significant enough that you should definitely get some solid legal advice.

emca01 View Drop Down
Legal Guru
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Joined: 20/July/2012
Location: Australia
Posts: 2221
  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 16/December/2017 at 16:21
ok so I'm going to go on the attack first....
"I would still never ever stand in the way of him having a relationship without daughters because I know how important it is for those girls to know their dad"
But you want to take them to a different country? How it that helping the kids spend time with their dad??? But you did say he isn't seeing them.

So my ex had an overpayment debt.... I was within my rights according to their rules to wipe the debt and call it a gift. Don't know if it works the other way...

My thoughts would be to call CSA and ask them. Do it anonymously. At very least IF you moved to private collect and that was enough for the ex to not have to pay then he might be more willing to let you move... I would not... WHY? well what is to stop you calling CSA the day you land in NZ and requesting they collect. Sure they may not actually be able to BUT the debt will accumulate...

When did dad see the kids last? Your better option is to apply to court and self represent in the application. IF dad isn't seeing the kids and dad doesn't pay child support I think you'll find the courts would be prepared to grant the relocation...

You should not have to trade off his responsibility to fund the kids lives as a bargaining chip for something else

Helpingafriend View Drop Down
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Joined: 20/July/2013
Location: Australia
Posts: 20
  Quote Helpingafriend Quote  Post ReplyReply Direct Link To This Post Posted: 17/December/2017 at 23:37
Yes that last point is exactly what I was thinking

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