Child Support.

[1061]

A friend of mine has 4 kids, two older late teens/early 20's and two younger ones.
He has a great relationship with the older ones who are 3 hours away from where he lives but the younger ones are 4-5 hours away in the same direction and the mother refuses any contact.

He's got a letter from the Child Support Agency yesterday saying that they've worked out his provisional income and he'll be paying over $200pw for the kids the mother refuses to let him see.

How can a normal fella who's not the smartest cookie in the tray he admits himself fight this?

 

[Kynge of Begrem]

A friend of mine has 4 kids, two older late teens/early 20's and two younger ones.
He has a great relationship with the older ones who are 3 away from where he lives but the younger ones are 4-5 hours away and the mother refuses any contact.

He's got a letter from the Child Support Agency yesterday saying that they've worked out his provisional income and he'll be paying over $200pw for the kids the mother refuses to let him see.

How can a normal fella who's not the smartest cookie in the tray he admits himself fight this?

Simple answer. He can't.

More complicated answer, he can, but he would need to increase contact with the younger children (presumably they are the ones that he is paying child support for).

Child support is worked out based on a formula so he would either need to increase his care percentage (nights that the children stay with him), provide evidence that his income is lower than the income used by CSA, or, that the mother of the children's income is higher than that used by CSA.

The critical thing to explain to him is that in the immediate term he should pay as he will be dealing with a bureaucracy that will pursue him over debts, to the extent that it will garner his wages, seize tax refunds and stop him from leaving the country.

 

[1061]

They take his tax refunds, he just hopes the kids get the benefit from it but he can't know what she spends it on.

The only legal advice he got was a quote of over $10,000 to fight for custody or off the record advice to just go and get them as their is no custody order and force her to go to the courts for custody. That way the family court will deal with the custody issue.

 

[fleabitten]

A friend of mine has 4 kids, two older late teens/early 20's and two younger ones.
He has a great relationship with the older ones who are 3 hours away from where he lives but the younger ones are 4-5 hours away in the same direction and the mother refuses any contact.

He's got a letter from the Child Support Agency yesterday saying that they've worked out his provisional income and he'll be paying over $200pw for the kids the mother refuses to let him see.

How can a normal fella who's not the smartest cookie in the tray he admits himself fight this?

Does she have any reason for refusing him access to the kids? I'd be starting there, trying to get them for weekends and/or school holidays. She can't refuse him access unless there's a very good reason.

 

[Maggie5]

A friend of mine has 4 kids, two older late teens/early 20's and two younger ones.
He has a great relationship with the older ones who are 3 hours away from where he lives but the younger ones are 4-5 hours away in the same direction and the mother refuses any contact.

He's got a letter from the Child Support Agency yesterday saying that they've worked out his provisional income and he'll be paying over $200pw for the kids the mother refuses to let him see.

How can a normal fella who's not the smartest cookie in the tray he admits himself fight this?

Are you saying his biggest concern that he can not see his younger children?

If he has a good relationship with his older children, can they not bring the younger ones to visit him? How old are the younger ones?
If old enough, buy them a mobile phone so he can speak with them and arrange a time to visit them.

If the mother objects, then the matter can go to court if there is no custody order, I don't think she can't stop him.

 

[Kynge of Begrem]

They take his tax refunds, he just hopes the kids get the benefit from it but he can't know what she spends it on.

The only legal advice he got was a quote of over $10,000 to fight for custody or off the record advice to just go and get them as their is no custody order and force her to go to the courts for custody. That way the family court will deal with the custody issue.

The 'off the record' advice should be ignored. If the children have been living solely with the mother and he goes and takes them, he is in a whole world of trouble.

He could always approach the Lone Fathers Association for advice, I think they can assist him represent himself in the Family Court, tell him to meet his CSA obligations in the mean time, it will harm his case if he is refusing to pay as it will look like he is simply trying to increase contact to reduce his payments.

 

[Lebbo73]

If he fails to gain access to his younger children through legal means, assuming he is not a bad person, he should seriously consider quitting his job.

 

[Illinois Nazi]

If he fails to gain access to his younger children through legal means, assuming he is not a bad person, he should seriously consider quitting his job.

Wouldn't help, they would demand the money anyway. Once they have assessed your earnings they will only adjust upwards.

I've worked with guys who have had to knock back opportunities for big one-off earnings ($20,000-ish) because if they earn that much this year then as well as taking a large chunk of it the CSA will reassess their payments for the future using that as the new baseline wage even if they can demonstrate it's clearly a one-off thing.

 

[Lester Burnham]

If he fails to gain access to his younger children through legal means, assuming he is not a bad person, he should seriously consider quitting his job.

This may not work. If they think that you intentionally quit your job to avoid paying CS they will assess your income as if you were still employed.

If you run a company you can arrange your affairs so that your taxable income is very low.

 

[WA ROO]

Does she have any reason for refusing him access to the kids? I'd be starting there, trying to get them for weekends and/or school holidays. She can't refuse him access unless there's a very good reason.

All she has to say is
"I think he is touching the kids"
Instantly he has no rights,no visitation,no chance of custody

 

[cartwright]

A friend of mine has 4 kids, two older late teens/early 20's and two younger ones.
He has a great relationship with the older ones who are 3 hours away from where he lives but the younger ones are 4-5 hours away in the same direction and the mother refuses any contact.

He's got a letter from the Child Support Agency yesterday saying that they've worked out his provisional income and he'll be paying over $200pw for the kids the mother refuses to let him see.

How can a normal fella who's not the smartest cookie in the tray he admits himself fight this?

He has no issue paying the amount? but wants contact? Is that what he is wanting to fight?

 

[fleabitten]

All she has to say is
"I think he is touching the kids"
Instantly he has no rights,no visitation,no chance of custody

She'd have to get the kids to back her up on that, wouldn't she? I don't think it's as simple as her say-so being enough to deprive him of all his parental rights.

 

[Illinois Nazi]

She'd have to get the kids to back her up on that, wouldn't she? I don't think it's as simple as her say-so being enough to deprive him of all his parental rights.

She would, but in the time it takes to do that he'd be cut off.

 

[Kynge of Begrem]

All she has to say is
"I think he is touching the kids"
Instantly he has no rights,no visitation,no chance of custody

Rubbish. It would need more than a vague "i think" allegation

 

[1061]

Turns out his first point of call is http://www.familyrelationships.gov.au/Pages/default.aspx to start the mediation.
If the other party ignores the request from this government department it's a black mark against them in any custody hearing.

 

[Kynge of Begrem]

Turns out his first point of call is http://www.familyrelationships.gov.au/Pages/default.aspx to start the mediation.
If the other party ignores the request from this government department it's a black mark against them in any custody hearing.

keep us informed as to how he gets on.