QLD Child Support and Medical Expenses - Am I Liable?

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sammy01

Well-Known Member
27 September 2015
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Mark asked - Is he liable to pay additional child support beyind the CSA assessment... The answer is NOPE...

Sadly, some folk here have chosen not to answer the question... Legally (and this is a law forum) the answer is NO. NO and still just in-case we're mistaken the answer is NOPE... Not even MAYBE... Just NO...Oh u'm hang on.. MAYBE - see the ex can apply to CSA for special circumstances.. I mentioned this earlier.. If CSA determine he has an obligation to pay, then the answer isn't NOPE it is YEP...

So legal eagles who wanna emotionally torment this poor bugger with comments like 'man up' OR 'pissy' please provide a reference that supports your rhetoric... (I have) and if you can't find a document, piece of legislation, anything? Then understand this... HE HAS ZERO LIABILITY FOR MEDICAL...

Sadly, he also asked about how to go about increasing his time with the kids...NO response legal eagles... Why?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
Sadly, he also asked about how to go about increasing his time with the kids...NO response legal eagles... Why?
Perhaps because so few of us are interested in having our input misquoted and misrepresented by users such as yourself?
 

SamanthaJay

Well-Known Member
4 July 2016
335
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794
ok trying really hard here to keep the peace... BUT
Samantha wrote "Your ex is a special one Sammy and you got lucky."
u'm speechless...
Face palm happening here. You took that as an insult? Or what? You've shared a lot about her and she finally left the kids with you and pretty much took off. That's why I'm saying you got lucky. You have your children for a big chunk of time. She sounds like she wasn't the greatest parent around - sad for the kids but nice for you to have them so much and great for them to have that stability in their lives.
 

sammy01

Well-Known Member
27 September 2015
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Samantha Jay - thanks for clarifying... Yup I got lucky in that respect... Lucky in how the ex avoids child support. NOPE

Tim - You're not gonna help this bloke because I might 'mis-quote you" or 'mis-represent you' ???
I fail to see where I have done either - infact that sort of nonsense is what I usually hear from poltiicians.... You know, stuff like - I've been taken out of context... I'm not gonna tell ya to 'man up' - I will tell you to toughen up though... The information you provided was not correct -TRUE, he is not liable is he? So I have not mis-quoted you, or mis-represented you. I have corrected you because you are wrong.

fact old mate is not liable - according to the law FACT. Now he also said something about being worried about being attacked for asking... Sadly, he has been attacked for asking. I really hope he does not come back to this site to check the vitriol. He got an honest answer... NOT LIABLE FOR MEDICAL - I've asked if anyone can find any legal document to support the assertion that he does have to pay and the answer is NOPE...
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
Tim - You're not gonna help this bloke because I might 'mis-quote you" or 'mis-represent you' ???
I have already helped him - it's just that you personally don't like my suggestion.

You appear to be overlooking the fact that the OP has, by his own statement,
already defaulted on the minimum that he owes.

People with mind-sets like yours are the reason why I avoid family law,
and why people who come here asking for help with family law matters,
so often go away disappointed.

Just to be clear - I do not expect you to change your mind on this question.
However, my comments and reasoning remain unchanged.
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
Yup your comment remain unchanged. and your comments remain wrong. Just checking WRONG... You are completely incapable of providing any reason for this bloke to pay up... NONE. Ziltch . He doesn't have to pay and there are no legal reason for him to pay... True?? so your comment are wrong.

I agree I'll not change my opinion, nor should you.. Because my opinion is supported by the law... Unlike your's
I agree -your comment and reasoning remain unchanged...BUT you are not the law... the law agrees with me. ouch. Are you really a solicitor?

One last thought - Tim how often do people leave this site disappointed because of the quality of the advice? can you give me an % on that? nope - so it is like the rest of your advice, unsubstantiated, I reckon lots of nice folk get some advice from punters like me, Samantha Jay, All for her, Rod and the other punters on this site and that advice costs less than the lawyers and they leave the site disappointed sometimes... BUT I'm willing to bet they leave this site less disappointed than IF they left the family law court.
 
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Dad in trouble

Active Member
3 March 2017
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0
31
Haha, I cannot resist weighing in on this discussion.

I have an interest in child support because the government department administering it causes me no end of grief.

Sammy is right. Just pay the assessed amount. There is no legal obligation to pay more. If the other parent is dissatisfied, they can approach the government department.

Tim's comments have not been that fair. Yes, the OP may have defaulted on his child support obligation under the private arrangement, but at the same time the other parent decided not to pursue this amount and instead commenced a child support assessment. It's my understanding that the government department might use their assessment to have some backdated assessment, which may or may not cover the period the OP may have defaulted under the private arrangement.

SamanthaJay is probably right that $600 per month is not enough to support two children 5 and under, but child support is the mechanism to try to equalise the situation, not pay for all the children's expenses. In other words, the other parent also has some contribution to make to the financial support of their children.

Child support is not fair for any party truth be told. As AllForHer infers, there are too many factors that could be taken into account. Child support and their rules and legislation provide the mechanism to try to equalise the situation. It's far from perfect but it's the system we currently have.

On the other issue of trying to get more overnight time with the younger child, I think the OP has his work cut out. Ideally, the OP should try to have more gradual contact ie FaceTime/Skype with his younger child so that the younger child is less stressed about the prospect of overnight time.

PS One final point raised in responses, I would guess people come and go as their issues arise and become finalised. Some will come back from time to time to share their views and experiences.