by confusedpartner  08/01/2014  952 Page Views
12 Comments  Family & de facto law, financial agreements, consent orders
Hi Everyone,

I know this is a very touchy subject for both mums and dads. I am posting on here looking for some advice for my partner. He is an amazing Father to his 4 children. His arrangement is every second weekend and one night for dinner during the week – although he would absolutely love 50/50. He also takes them to school daily, and to all sports training and events on the weekend, and any call up he is there – no complaints at all.

When it comes to income he makes quite good money. Double that of what he earned at the time of separation – which is neither here nor there, until it comes to the amount of money he has to pay in child support. Again, he has no hesitation in paying for his children, but he does have a problem with paying for his ex’s lifestyle (ie, Audi, trips overseas, large home & renovations – which seem to be a timeless event) – yet – one child has an ongoing case of nits and this can’t seem to be taken care of?

While it is not my place to get involved – and I don’t. It does hurt me to see my partner work so hard and never seem to move. We live in a very standard 3 bed home, and live very basically, including my wage. He has a cheap investment property which has recently turned positive geared (very minimal), yet that increases her payment so takes away from having an “investment” property to try and better your life. We cannot afford to do amazing things with the children when they come over, yet we are always hearing of their restaurant ventures, and going here and there – I see the hurt in his eyes. For every $100 payrise – she gets $60.    Now, my partner has never not wanted to pay for his children, and never ever wouldn’t pay for them, but cannot understand why no matter how well he does, she benefits more so than he does? She will not allow him to have them 50/50 yet he is the most incredible father you could ask for, and wants that more than anything (they live 5 minutes apart) – is it to do with money? After all she does get $25k+ off him per year ($2400+ per month) + extras until just recently when he said enough is enough, no more extras. This is on top of her own wage and Centrelink payments + 4 x government child payments per year.

Basically – he is looking for a way to reduce his payments – NOT because he does not want to pay for his children, not at all, as $600 a week ($2400 per month) does more than that. He is looking for a way to reduce his payments so he can provide better quality of care and surroundings when the children come and stay with him, and so he is not supporting his ex’s excessive lifestyle anymore.

The ways we know of reducing are getting your employer to add to your super, and claiming as much as you can at tax time – however this is limited when you are employed with a company. He also does some side work on an abn. Would it be worth opening a family trust or this would not make any difference? Selling the investment property – would she benefit from half the profit?

Any support would be greatly appreciated, and again – this is not about not paying for the children. It is simply a case of when is enough enough.

Thank you in advance 