QLD Can I be Forced to Pay Husband's Child Support?

[Splinter]

My husband's ex-wife is in the process of claiming child support. He has not worked since they separate and divorced so has earned no money.

My question is, can I be ordered to pay this child support and can assets owned by my husband be forced to be sold to pay her child support?

 

[sammy01]

No you can't be ordered to pay. They might look into why he isn't working and if they find he isn't working in order to avoid child support they could order him to pay based on capacity to work

 

[Splinter]

No you can't be ordered to pay. They might look into why he isn't working and if they find he isn't working in order to avoid child support they could order him to pay based on capacity to work

He doesn’t work due to anxiety. My income has supported him and my two children. He read on the child support web site that a court can order the sale of assets if more than modest. He owns an old school show car which is his only car and mode of transport. So we are worried that he may be forced to sell that.

 

[Rob Legat - SBPL]

It's unlikely, but possible if there's sufficient equity available. They'll more be looking into things like being "asset rich, cash poor", or hiding income through company and trust structures.

 

[Splinter]

It's unlikely, but possible if there's sufficient equity available. They'll more be looking into things like being "asset rich, cash poor", or hiding income through company and trust structures.

His car is in his name alone. It’s worth at least $50k upwards. And he owns it outright. It’s all he has. As I support him with my income, can I be made to pay his child support?

 

[sammy01]

Slow down...

So has child support contacted him/you? If not? Chill...

He has anxiety? Bad enough that he can't work? Will a doctor write a letter saying so? If yes, chill. If no. Chill but not quite as chilled.

 

[Rob Legat - SBPL]

Either way, you can't be made to pay his child support.

 

[Splinter]

slow down....
So has child support contacted him/you? IF no? Chill....
He has anxiety? bad enough that he can't work? Will a doctor write a letter saying so? IF yes, chill. IF no. Chill but not quite as chilled.

Yes they have phoned numerous times but he won’t answer the phone

 

[sammy01]

He needs to call them. They will make a decison and they can do it with his side of the story or without. And they will back date to the date she made the claim. Head in sand is not a good idea

 

[Hummingbird]

Does he have something in writing from a doctor confirming that his anxiety is such that it prevents him from working? If he can provide evidence or documentation that he has been diagnosed and it is severe enough to keep him from working it might be enough to stop CSA there. If he doesn't, they may look into whether he is intentionally unemployed to avoid paying child support, as unless there is evidence why he can't work, he has earning capacity that he isn't utlising, which the CSA will frown upon and may order some child support and possibly backpay.