QLD Consequences of Breaching Family Court Orders?

[AllForHer]

Yuck, child support. My least favourite part of family law. I don't know why single parents get suckered into paying anything outside of what's assessed by the child support agency, but that's not my business.

CSA might take into account your school fees, but it might require a few objections and a review by the AAT to get it properly assessed, since it's unlikely she'll agree to having your contribution to school fees taken into account.

On the other stuff, lucky for you that CSA is who her complaint is with, not you. You don't even need to speak with her about the payment of child support if you don't want. That's what CSA's job is, so if she has beef about how much is being paid and how much she thinks she's entitled to, she needs to take it up with CSA, not you.

Unfortunately for her, the CSA will go by whatever your taxable income was at the end of the last financial year, and it's unlikely to change it again until your tax return is filed for this financial year.

Also, the child support assessment doesn't take into account any expenses in either household. It goes by taxable income and percentage of care.

 

[Alias77]

I think it's everyone's least favourite topic. If the assessment is based on last years tax return and this year's estimate of income, she would be entitled to $400 a year.

I was always ok with this as we had 50/50 share. However, while I'm away and she has 100 percent care, I felt she deserved some money to take care of my children. So it's a moral issue. If left in CSA hands she gets nothing. However, after my overseas stint, my income estimate for 16/17 financial year will be a different story.

Really, I guess, I'm trying to avoid a full blown attack or investigation.

 

[AllForHer]

Well, your next year of child support is going to be significantly higher then, so why pay the higher amount now and then again in future?

 

[Alias77]

Because the amount I'm paying her is not lodged through child support. I'm guessing at the end of financial year, if my income is over my estimate and I owe her money, they will not deduct this from my bill?


From reading other posts, it seems any extra monies given, is taken as, too bad by the CSA.

Thanks for all your help btw

 

[AllForHer]

Someone else might need to confirm this, but taxable income from last year determines child support this year, so it's kind of a 'prospective' pattern, rather than retrospective. If they find you've earned more in the last financial year, it's my understanding they don't force you to back pay it, they just apply that amount for the year ahead.

If child support does come back with some sort of back pay deal, the money're paying now might well be considered null and void.

 

[sammy01]

So firstly, you might wanna limit your OS travel and time away. If you're disappearing for 3-4 months at a time and that is happening 2-3 times over say a 2 year period, then she might have an argument that would be worth taking to court. Would she win? Don't know, probably not, but you don't want the expense of fighting it.

Next - Go to the CSA estimator https://www.centrelink.gov.au/RateEstimatorsWeb/publicUserCombinedStart.do

Click on 'estimate family assistance' then click Add child support. Have a play around based on 50/50. then based on 100/0, then based on 70/30 (70/30) because over a year, you're probably having 30% care given the 3-month absence...

Look to be fair, I reckon you should be paying based on zero care while you're away and then it reverts back to 50/50 when you return, but given you're paying school fees on top, mate, you're being more than generous, so I would not worry about that one...

 

[ATE000Rosemary]

Some legal clarification for you.

First, you're not contravening the orders by going overseas. The orders you have impose an obligation on each of you to make the children available to spend time with the other parent at the times specified in the orders. If the affected parent chooses not to spend time with the children during that time, that is their prerogative. Essentially, the court can't force a parent to spend time with the children, it can only force a parent to make the children available to spend time with the other parent in accordance with the orders.

Second, the orders remain in force until either a parenting plan is agreed between the parties to override the orders, or a different order is made by the court. Summarily, if you go overseas for three months and see the children twice in that period in accordance with your agreement with your ex, that's all well and good, but when you return to the country, and you state that you're no longer in agreement about the time that you were spending with the children while you were overseas, then you and your ex go back to being bound by the orders.

If you were to go overseas for a year or two, and not see the kids at all in that time, then your ex would likely have grounds to seek that the orders be changed under the rule of Rice & Asplund, but if you're only away for three months, and see the kids twice in that time, then it is unlikely be considered a significant change to circumstances such that the court would change the existing orders.

The best way to look at it is what you have agreed to change, and what you have not agreed to change. If you an agreement about a change, great, but if that agreement is later revoked by one party or has a time limitation applied to it, then you no longer have an agreement, which means you both revert to the orders.

So, my suggestion is don't sign anything, don't even enter negotiation about anything. Let her do the work, if she must. I would wager you'll be back in the country before she even has her matter heard at first mention.

Hi,
I am going to submit consent order application to FCC. In the parenting plan I am hesitating if I should put things related to make up time. My concerned is if I put in make up time in place and she will 100% book a holiday or even manipulate a child to attend something to make my life difficult when child is me and give me the make up time that I am not be able to agree with. Would you mind to give me any suggestion?
Thanks a lot.

 

[sammy01]

U are better off starting a new thread.
Don't do it. Keep orders simple. My wanted to be able to refuse access but 'pay it back' when it suits her.