1 Comments Family & de facto law, financial agreements, consent orders
Firstly, seek advice from the Child Support Agency and they will give you the accurate amount you should pay. There is also something which a lot of people don't know about. You being the one who pays the child support can prove with receipts that you have been paying for other needs of the children, such as school fees, uniforms, school supplies, extra-curricular activities, etc. Only the things the children need though. Netflix and Stan do not come into that. The CSA will look at these payments and may decide to reduce the amount payable to him because you are paying for other needs as well as child support. Everything you do and decisions that you make regarding the care and financial care of the children should be documented and backed up with evidence when it is available. There really should be something in writing in regards to the things you have agreed on. What would be better is consent orders. If you have paid the amount that the CSA states are payable according to your wages, then he needs to prove that you haven't paid it or have short-changed him. Never pay anything where you have no proof. Pay into a bank account in his name, that is proof you paid him the right amount. If you don't have evidence then it's your word against his. As for Stan, Netflix, and other things like these, that is a decision you will have to make on your own. You could activate it (by the password) when they are with him and deactivate when they are with you. Then he doesn't have personal access. Otherwise, you can leave it as it is. In terms of the property you need to sell, the repairs can be organised by you with outside contractors and you can work out with him that if you do this that when the house is sold, you get that money back or half of it, so it's equal. That includes all costs of selling the property, legal fees, real estate fees etc. The best way to do this is to draw up and BFA - Binding Financial Agreement, where the assets are concerned. The downfall of this may come if he does not agree to sign it, then it is irrelevant. But if he does agree then you can have a legal document that he must follow. In terms of the children, if you haven't already done so, you can have a BFCSA - Binding Financial Child Support Agreement drawn up along with the BFA mentioned previously. This covers the children part of it all. These are really important documents that can be used as a way of making it equal between the parties. Both of these agreements are offered through this website and if you have questions regarding your situation and these agreements you can ring Aussie Legal and they will help as much as they can. It may even be worth having CSA collect for you, if you are paying the correct amount, then it makes it easier and you have proof of what you are paying him.