VIC Is Child Support Payable When One Parent Withholds the Child?

[Nonfiction]

Yes, certainly children can suffer as a consequence of Child Support’s very broad “powers” of interpretation, especially surrounding the various manipulations that can and do occur from parents of either sex...payer or payee.

Yep court is the only option.

OP...This and all other responses leaning towards it pretty much answers your 2nd question. I noticed that in another post last year (Dec 2017 or there abouts?) that you said you have the 60i, have engaged a lawyer and all of the paperword is underway?...how’s that all going? Did you file in the end?

Do many people obtain court orders directing CSA to pay money based on the court orders? Or just leave it to CSA and hope the right thing happens?

I’ve been involved with cases where orders have been ‘framed’ around child support without specifically directing child support to do anything.

When child support is based on care levels...I would say that short of it being an appeal from AAT or speculating that either parent will not do the right thing, in absence of proven history (post orders)... that like with most matters, the Courts make orders with a presumption that they will be followed.

 

[Muxaul]

Yes, certainly children can suffer as a consequence of Child Support’s very broad “powers” of interpretation, especially surrounding the various manipulations that can and do occur from parents of either sex...payer or payee.



OP...This and all other responses leaning towards it pretty much answers your 2nd question. I noticed that in another post last year (Dec 2017 or there abouts?) that you said you have the 60i, have engaged a lawyer and all of the paperword is underway?...how’s that all going? Did you file in the end?



I’ve been involved with cases where orders have been ‘framed’ around child support without specifically directing child support to do anything.

When child support is based on care levels...I would say that short of it being an appeal from AAT or speculating that either parent will not do the right thing, in absence of proven history (post orders)... that like with most matters, the Courts make orders with a presumption that they will be followed.

Thank you for remembering so much! I was probably misunderstood but. In Dec last year I was fighting for her false allegations and IVO application. From there I anticipated that mediation would fail and this would be a high conflict case. And things proved that I was right.

In Feb she failed getting me final IVO as police withdrew it. She kept delaying the mediation while I was pushing it, I made family relationship centre appointment in end of Oct last year, but we only finished 2nd mediation and got section 60 about 2 weeks ago.

The child was kept by her mum in overseas for a year and only returned Australia in May.


While I have been preparing all the paperwork through out the months, and consulted several lawyers, I decided that I’d try self representing. No I have not filed my case yet but I am making it my top priority as I half always been. I’m writing up affidavit at the moment.

Is this forum a good place to ask questions regarding to self representing? I’m still not clear about what to do but I’m learning.

 

[Nonfiction]

Ahh, ok, I thought it was also about your child. Yes, people here will certainly try to answer your questions and/or direct you towards the information you need. Just keep in mind...that as it is a public forum it is not a good idea to post everything about your matter and also, that while all of us have different experiences/knowledge bases we can only ever answer generally i.e. based only on the facts you have provided...and in the absence of the other sides facts also. Ask away...

 

[sammy01]

Yep lots of folk here like helping self-representing applicants, especially in cases where it is about getting a kid to be afforded the chance to have a relationship with both parents...

 

[Muxaul]

Ahh, ok, I thought it was also about your child. Yes, people here will certainly try to answer your questions and/or direct you towards the information you need. Just keep in mind...that as it is a public forum it is not a good idea to post everything about your matter and also, that while all of us have different experiences/knowledge bases we can only ever answer generally i.e. based only on the facts you have provided...and in the absence of the other sides facts also. Ask away...

Thank you for your valuable opinion, mate. Yes I will mostly just be asking general question here from now.

 

[Muxaul]

Yep lots of folk here like helping self representing applicants, especially in cases where it is about getting a kid to be afforded the chance to have a relationship with both parents...

That’s a big relief to know that mate. And thank you for the help. I think I’ll become a lot more active in this forum from now on to learn from you all.

Cheers.

 

[thatbloke]

And thank you for the help.
Cheers.

I don't mind being ignored :-D :-D :-D

 

[Muxaul]

I dont mind being ignored :-D :-D :-D

Not ignoring anyone at all mate. I appreciate everyone who’s helping me out.

 

[thatbloke]

Not ignoring anyone at all mate. I appreciate everyone who’s helping me out.

I'm only joking...too lazy to desire kudos

 

[Muxaul]

I'm only joking...too lazy to desire kudos

I know. But I still want to give you my thanks