13 Comments Family & de facto law, financial agreements, consent orders
wow- this is a bit weird....
WHY? well usually I'm convincing non primary carers not to enter into a binding agreement because they are so hard to change.... But in your situation it has worked for you financially. (obviously not emotionally 'cause you're not seeing your kids...)
Yes she has a case and she would win (MAYBE) But make her take you to court to make it happen.
My greater concern would be if she went to the child support agency. They could deduct the payments from your wages regardless... But lets not worry about that right now
Yes courts are reluctant to re-visit orders, but she could have grounds at least to lodge a case...
So I reckon the short version of my rant is MAYBE....
Thank you. I'm a bit concerned now.
Do you know if the court will taken into account factor like, my ex has taken out a new lease in a large house in a suburb she can't afford and has enrolled all 3 in private schools against my wishes?
I'm struggling to understand the justice in me having to funding her lifestyle choices.
So you never had a consent order or other agreement in relation to time the kids spent with each parent. Also, you don't mention their ages. The older the children are the more weight their views would carry.
Have you asked for mediation in terms of time with you? How long ago did they stop seeing you and do you have contact in any form? I guess I'm thinking one option may be for you to consider legal action to see them.
Also, run your income through the CSA calculator and see if what you are now laying is close to what you would pay with no care or approximates to five nights.
No consent order for time spent with each parent, was purely a verbal agreement. Children are 15,13 and 11. They are adamant they won't stay with me because of my new partner.
I last saw them a month ago and I don't think legal action to see them will work.
I have suggested mediation but me ex-wife is not interested and wants to go straight to court. Will a court suggest mediation before a matter goes to court?
If the matter goes to court, the court most likely orders mediation within the court system, that I am assuming is if they feel the agreement can be varied.
I'd suggest you check with CSA, even anonymously, or use their online calculator to get a sense of what you would pay with five nights and with zero nights, relative to your current agreement states. That way you know the worst case financially. You could also ask their views in your child support agreement, again anonymously.
Just out of interest I assume you have a final property settlement? If so, presumably that was based on the assumption of your five nights a fortnight?
you can offer, BUT I Reckon you're mad...
1. You'd both have to get legal advice and pay for new consent orders (infact I'm not even sure you can re-open old property matters after 2 years)
2. You wanna compromise with someone who has manipulated and scammed so much your own kids don't wanna talk to you.... I don't mean to sound rude but are you stupid?
Mate my understanding is that the BFA means you're paying what you should. So you wanna offer her more money in return for less money (in real terms right now)
Look it might be a reasonable compromise, but in my experience IF people could be reasonable with each other they would remain married. When they cant be reasonable they become divorced, and with it they become bitter and twisted. (just my experience)
Similar had just happened so a friend of mine.
They had a BFA and spousal maintenance for a short term period. She looked at the final figures and was happy. SM ran out after 2 years. Ex is on $800k per year and currently is only paying $300 per week for 3 teenagers.
She ran it through the calculator and obviously she should be receiving more. However as there is a court order in place - CSA will not intervene. There is no way to make him pay more than the $300 per week.
Ring CSA and have a conversation with them.