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Can he not pay child support?


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#1 Fillama

Posted 26 January 2013 - 10:27 AM

I'm wondering exactly how easy is it for a man to get away without paying child support. My xp only has to pay me $90 a month for 2 children, but lately he hasn't paid his last 2 months payments. He has recently bought himself a $30,000 car so it's not like he is in financial dire straits. Anyway the reason I'm wondering is because of other things I have read it seems as though the csa don't really do much to follow up those fathers that don't pay. Someone told me that they know someone who hasn't lodged a tax return for 10 years! And nothing has been done, so if my xp just refuses to lodge a tax return to avoid paying what happens then?

#2 Nerileeway

Posted 26 January 2013 - 10:33 AM

If you tell cs where your ex works they may be able to garnish his pay.  Although they usually wait until he has missed quite a few payments, then it takes a few months to set up a garnish.  When you call them, tell them about the car and any other large purchases, as they like to know that sort of thing.

#3 EssentialBludger

Posted 26 January 2013 - 10:35 AM

My ex didn't pay child support for 7 years. I have NO IDEA how he got away with it. He's recently started paying, I suspect theyre now garnishing his wages? But I have no idea why it took them do long to do it.

I have little faith in the CSA, and gave up on them about 3 years in.

#4 HRH Countrymel

Posted 26 January 2013 - 10:36 AM

Is he being paid cash in hand?

I know at my old workplace we (the employer) had to take the CS from the wages..

#5 Fillama

Posted 26 January 2013 - 10:40 AM

That's the thing he is very shady about saying who he works for, I thought the csa would be able to tell by going through the ato. But it doesn't seem that easy? I'm not too sure he is only 2 payments late but he is definitely the type of person who would do everything he can to not pay

QUOTE (countrymel @ 26/01/2013, 08:36 AM) <{POST_SNAPBACK}>
Is he being paid cash in hand?

I know at my old workplace we (the employer) had to take the CS from the wages..


No I don't think it is cash in hand. Otherwise it would've been very hard for him to get a car loan

#6 3mummy3

Posted 26 January 2013 - 10:41 AM

I am a payroll secretary and have had a few requests from dhs to garnish wages for child support. Im currently garnishing $198 per week from one dad who earns around $800 per week plus overtime. Not sure though why he wasnt already paying and how long it took for this to start after the case was opened?

#7 >Catskers<

Posted 26 January 2013 - 10:41 AM

My father managed to get away with my entire life. My mother got a back payment of about $500 when I was 18 and that was used to buy my first saddle. My brother got about that same.

#8 I'm Batman

Posted 26 January 2013 - 10:42 AM

Yes, the csa is the old toothless tiger. And the taxman.

They don't have much of an interest in collecting taxpayer funds or cs unless its handed to them on a plate


#9 Fillama

Posted 26 January 2013 - 10:43 AM

QUOTE (3mummy3 @ 26/01/2013, 08:41 AM) <{POST_SNAPBACK}>
I am a payroll secretary and have had a few requests from dhs to garnish wages for child support. Im currently garnishing $198 per week from one dad who earns around $800 per week plus overtime. Not sure though why he wasnt already paying and how long it took for this to start after the case was opened?


That's interesting, I wonder if the father in question submitted information of his workplace or if the csa found themselves. I'm just wondering if the guy just refuses to state where they are working what happens then. Hmmm

#10 Dresden

Posted 26 January 2013 - 10:47 AM

My ex, the father of the eldest 5, has his garnished from wages, soley because it saves him the hassle of remembering to pay it himself, and it saves me the humiliation of having to call him and ask for it. ( which I would have to be on the bones of my a*se to do so)

#11 Mrs Daryl Dixon

Posted 26 January 2013 - 10:48 AM

Hi OP,From personal experience, it can be easy for them to get away with not paying. Unfortunately ( although I understand the reason why) the payment rate is usually based on either an income estimate, pr previous year income tax. My ex, initially wanted a private agreement. He was working on the mines at the time, making around $120000 (approx 8years ago) but for whatever reason, couldn't manage regular payments of $400/month. After a couple of years of no payments, I chose to have CSA collect. This made it official, but oftentimes just as ineffective. He is in the habit of changing jobs regularly, and never informs CSA of the change, so it takes months of no money for them to relocate a payment source.
He also does not do his income tax from year to year, so is always thousands in arrears. Over the years, I have always advised CSA to any changes in my circumstances(as is my legal requirement). Despite this, he NEVER advises them of his current/changing circumstances, which affects my payments. If no money is collected (which is frequent) I am not alerted-no money simply appears in my account...which is terrible, if you rely on the money for school fee payments etc. CSA argue that they don't have to tell you this information. When I asked why, the staff member said, well when should we tell you? I replied, the second you try to collect, and there is no money, I should be told. She replied that this is a breach of his right to privacy.
It seems very much to me (rightly or wrongly) that the system is set up to support the fathers/payer not the mother/payee ( recognizing in some instances the mother may be the payer and vice versa). My advice is to just be in constant contact with the CSA, give them as much information as ou have regarding your ex's circumstances, and hope for the best. Also don't get into a position where you are too reliant on this money....difficult I know, but essential. Simply because if you come to rely on it, you will be in dire straights  sad.gif
Good luck, and I hope you get some answers soon  original.gif

#12 FiveAus

Posted 26 January 2013 - 10:51 AM

Have you nominated that you'll collect it privately, or does the CSA collect it for you?
If you're on private, the CSA won't do anything because it's up to you to collect it.

QUOTE
That's interesting, I wonder if the father in question submitted information of his workplace or if the csa found themselves. I'm just wondering if the guy just refuses to state where they are working what happens then. Hmmm


They can find out from a TFN match......each time you start work for a new employer, you provide your TFN, the employer notifies the ATO and that can then be used to match up with other government agencies who may have an interest in where someone is working.


#13 Fillama

Posted 26 January 2013 - 10:55 AM

QUOTE (FiveAus @ 26/01/2013, 08:51 AM) <{POST_SNAPBACK}>
Have you nominated that you'll collect it privately, or does the CSA collect it for you?
If you're on private, the CSA won't do anything because it's up to you to collect it.



They can find out from a TFN match......each time you start work for a new employer, you provide your TFN, the employer notifies the ATO and that can then be used to match up with other government agencies who may have an interest in where someone is working.

Ahh ok may have some luck then

#14 Fillama

Posted 26 January 2013 - 10:56 AM

Oh and I used to private collect but he would use it as a weapon, such as " you will get your money when I say " so I started getting csa to collect for me

#15 Fillama

Posted 26 January 2013 - 10:58 AM

QUOTE (TashaG @ 26/01/2013, 08:48 AM) <{POST_SNAPBACK}>
Hi OP,From personal experience, it can be easy for them to get away with not paying. Unfortunately ( although I understand the reason why) the payment rate is usually based on either an income estimate, pr previous year income tax. My ex, initially wanted a private agreement. He was working on the mines at the time, making around $120000 (approx 8years ago) but for whatever reason, couldn't manage regular payments of $400/month. After a couple of years of no payments, I chose to have CSA collect. This made it official, but oftentimes just as ineffective. He is in the habit of changing jobs regularly, and never informs CSA of the change, so it takes months of no money for them to relocate a payment source.
He also does not do his income tax from year to year, so is always thousands in arrears. Over the years, I have always advised CSA to any changes in my circumstances(as is my legal requirement). Despite this, he NEVER advises them of his current/changing circumstances, which affects my payments. If no money is collected (which is frequent) I am not alerted-no money simply appears in my account...which is terrible, if you rely on the money for school fee payments etc. CSA argue that they don't have to tell you this information. When I asked why, the staff member said, well when should we tell you? I replied, the second you try to collect, and there is no money, I should be told. She replied that this is a breach of his right to privacy.
It seems very much to me (rightly or wrongly) that the system is set up to support the fathers/payer not the mother/payee ( recognizing in some instances the mother may be the payer and vice versa). My advice is to just be in constant contact with the CSA, give them as much information as ou have regarding your ex's circumstances, and hope for the best. Also don't get into a position where you are too reliant on this money....difficult I know, but essential. Simply because if you come to rely on it, you will be in dire straights  sad.gif
Good luck, and I hope you get some answers soon  original.gif


Don't worry I've never relied on it because I know what he is like lol it's simply a bonus if it comes in. But it's frustrating to think he can just avoid it. Grr.

#16 Sancti-claws

Posted 26 January 2013 - 11:08 AM

I don't understand why people don't get the CSA to collect - surely if they have a copy of the TFN then any workplace that does PAYG would be advising the ATO of the TFN and so the connections can be made and collection can be done.  I understand there is a degree of privacy rights involved, but if Centrelink can dock for anticipated CSA, surely they can work together to ensure kids aren't in homes that are unnecessarily bereft of support?

#17 Fillama

Posted 26 January 2013 - 11:09 AM

QUOTE (suziej @ 26/01/2013, 09:08 AM) <{POST_SNAPBACK}>
I don't understand why people don't get the CSA to collect - surely if they have a copy of the TFN then any workplace that does PAYG would be advising the ATO of the TFN and so the connections can be made and collection can be done.  I understand there is a degree of privacy rights involved, but if Centrelink can dock for anticipated CSA, surely they can work together to ensure kids aren't in homes that are unnecessarily bereft of support?


Agreed. That's what I thought, that they could just cross reference etc

#18 SusieGreen

Posted 26 January 2013 - 11:28 AM

Another with experience with a non-payer. The answer is YES, he can not pay child support and the longer it goes on, the better they get at dodging it.

My arrears stands at $21000 and that is with current garnishing of wages on information *I* supplied them. They do not just 'look it up'. My ex has always worked and they have always known WHERE he works, thanks to me doing the legwork. It takes months to set up garnishment and then all they have to do is change jobs to have the process have to start up again.

Another trick is to NOT lodge a tax return until forced to do so. This means, in my case, that if a tax return is lodged the following May, gives him a whole year to earn way more than he's assessed on. Lodge a tax return, payments increased, change jobs, payment lowered and we start all over.

The CSA have NO power to compel a payer to submit ANY information. And they DON'T automatically cross reference at all. Even with a change of assessment application, the payer is NOT compelled to provide ANY information.

Good luck!

#19 Fillama

Posted 26 January 2013 - 11:43 AM

QUOTE (SusieGreen @ 26/01/2013, 09:28 AM) <{POST_SNAPBACK}>
Another with experience with a non-payer. The answer is YES, he can not pay child support and the longer it goes on, the better they get at dodging it.

My arrears stands at $21000 and that is with current garnishing of wages on information *I* supplied them. They do not just 'look it up'. My ex has always worked and they have always known WHERE he works, thanks to me doing the legwork. It takes months to set up garnishment and then all they have to do is change jobs to have the process have to start up again.

Another trick is to NOT lodge a tax return until forced to do so. This means, in my case, that if a tax return is lodged the following May, gives him a whole year to earn way more than he's assessed on. Lodge a tax return, payments increased, change jobs, payment lowered and we start all over.

The CSA have NO power to compel a payer to submit ANY information. And they DON'T automatically cross reference at all. Even with a change of assessment application, the payer is NOT compelled to provide ANY information.

Good luck!


So annoying! Out of interest does outstanding amounts to csa have an impact on their credit rating?? That may be enough to compel him

#20 SusieGreen

Posted 26 January 2013 - 11:47 AM

QUOTE (Jetay @ 26/01/2013, 12:43 PM) <{POST_SNAPBACK}>
So annoying! Out of interest does outstanding amounts to csa have an impact on their credit rating?? That may be enough to compel him


Nope, no affect to credit rating AT ALL!  

Ex is earning a fortune in the mines and CSA  cannot touch any of his money for arrears. I'm pretty sure he has bought, or will be buying a new house shortly because he can. His credit is not impacted by his debt.

#21 LittleMissPink

Posted 26 January 2013 - 06:49 PM

Definately get CSA to collect, and whenever something like that happens, ring them and tell them!

The noiser you are, the harder they will chase, they simply cannot keep track of everyone, and everyone who doesnt pay, so they would have no idea unless you tell them!

My ex didnt pay for a while, but if fhe would show up with a bag of stuff for my child, then I'd call CSA. If he turned up in a new car, I'd call CSA, if he spoke about his work, or where it was, or having holidays, I'd call CSA.

Eventually they got him, put him on wage garnish to pay off the debt, and since then he has been good.

#22 *Ker*

Posted 26 January 2013 - 06:58 PM

Well my ex pays for neither kid. I got one payment last october or something (a random amount) when they started garnishing his wages, then it stopped. they told me they "had no option to garnish now". They think he changed jobs.

I told them to check through his tax file number so they could see where he works and garnish and they told ME to get the information on where he works. I replied "I do not work for your organisation. That is not my job. It is a domestic violence situation so I am not going to follow him and put myself in harms way to do YOUR JOB."

I've had it with them.


#23 bebe12

Posted 26 January 2013 - 07:22 PM

Hi,

If they change jobs they are suppose to fill in TFN for. The employer then has 28 days to logde this. Most do it randomly through out the year, not with in time frame.

When CSA finds out about job, change of address, they write to EX, giving them 14 days to reply+7 days for sending letter.  If after about 6 weeks no reply they resend letter, same situation.  If you have been on top of your case worker they will call them. Your EX can then say they are too busy to take call, and they will try to call back at a latter time. They can do this multiple times. ETC

If CSA do find out employer - they send them paper work to fill in, the employer than has up to six weeks to garnish the wages as they have to be given time for it to go through their pay roll system and line up with pay weeks etc etc.

If you are with CSA the debt never goes away so if your EX finally does his tax when youngest kid 20 they will collect the money then.

If you find out you EX is going overseas on holiday you can possibly get them to stop him before they leave - making him pay back pay - this is especially go if they travel for work.  I know two friends that got money thanks to this loop hole.

Overall the system is heavily in favour of the paying parent and not the kids.

I kept on top of my caseworker(s) for 5 years giving them info at every address change, employer change etc until ex had acciedent and now get disability pension - which is the only way i get any money. i get a little less than a dollar a day - but they are also collecting a further 50cents a day for back payments.

He will be still paying for our DD when she is 50 at this rate!!

#24 The Falcon

Posted 26 January 2013 - 07:27 PM

I just wanted to add if anyone is having issues because of their ex doing cashies dob them in to the ato... they are really focusing on this at the moment and I'm sure would love any info you could give them eg too broke to pay child support but have a new car

#25 FiveAus

Posted 26 January 2013 - 07:37 PM

Don't be too hard on CSA, they are very, very bound by government legislation, and they have to follow it.

The debts don't go away, and sometimes they get caught out. My ex buggered off overseas so he didn't have to pay child support for 4 kids. He made sure he moved to a non-reciprocal country (Malaysia) and lived a good life there while I worked hard at low paying jobs to feed, clothe and raise the four kids.

The kids grew up and left home, I'd long since remarried and hadn't seen child support for well over a decade. Not a single cent.
In the meantime, my ex was coming and going in and out of the country to visit his family, see the kids etc, and was never challenged.

One day, out of the blue, I got a phone call from CSA to let me know they were negotiating with my ex for child support arrears. I nearly died laughing, and said "Don't hold your breath!"

Well, knock me down with a feather, about a month later I checked my bank account and nearly bloody died when I saw the balance. It seemed they HAD caught up with him! Apparently the arrears got to a certain point at which legislation allowed them to stop him from leaving the country last time he'd arrived....and they only let him leave with the undertaking that he would pay the arrears.

The amount I received was not anywhere near what he'd have owed if he'd been working the same job in Australia, but it was enough that I could replace my kitchen with a much larger, fancier new one and do some serious renovations in the living area.





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