NSW Showing Child Support Willingness to Pay?

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Twooke

Well-Known Member
11 October 2017
29
2
124
Hi guys,

I had a friend who yesterday went in for an interim hearing with the same Judge that is appointed for my case, and he got a day less a fortnight with his sons because he wasn't paying child support!

I rang child support about a fortnight after our break up and was told that only the primary carer, in this case my ex, can make a claim and I just have to wait for the letter to come in the mail. I still haven't received any letters from CS in the eight months since the break up.

I did open up a new account and have been putting money into that account awaiting the child support letter.. Will this be enough to show that I am willing to pay but am just waiting for her to make the claim? If not, is there anything more I can do to show that I am willing to pay CS?

Thanks,
 

Ironclad

Active Member
31 October 2017
11
0
31
Hi Twooke, you may wish to consider taking the initiative, commence a Child Support assessment yourself.

If you participate in an assessment, but the parent doesn't want to receive child support, you'll get a letter stating this.

"Not paying child support", as compared to "Not paying child support as the other parent does not want to receive child support", are two very different statements.

Cheers,
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
I didn't pay child support for the first 8 months or so... Same, called them asked them to take the $$$ I found out later that there is a little scam.... By claiming to be scared of me she got additional govt funds because she was too scared to ask for child support. She failed to mention that I was still paying the mortgage on the house she was living in..

But my help... Ask your solicitor to write to her's asking for her to apply to child support.

BTW if he got one less night because he wasn't paying child support and that was at interm... I think that is a win.... When he starts paying child support he can ask for an additional night at the next hearing... At least they were not final orders.
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
Hi Twooke, you may wish to consider taking the initiative, commence a Child Support assessment yourself.

If you participate in an assessment, but the parent doesn't want to receive child support, you'll get a letter stating this.

"Not paying child support", as compared to "Not paying child support as the other parent does not want to receive child support", are two very different statements.

Cheers, Ironclad.

I'm not sure that this is a very good suggestion since why rock the boat unnecessarily when you only have to pay child support from the date the claim was lodged, not the separation date?

His ex may have forgotten or just lazy to get around too making a claim, it's to his advantage!
 

Ironclad

Active Member
31 October 2017
11
0
31
I'm not sure that this is very good advice since why rock the boat unnecessarily when you only have to pay child support from the date the claim was lodged, not the separation date??
His ex may have forgotten or just lazy to get around too making a claim, its to his advantage!

I commented on Twooke's post in the context of visitation, not finances.

In the interests of Twooke's children; their opportunity to enjoy time with Twooke; and in Twooke demonstrating good parental responsibility to the court, I suggest making an active attempt to provide Child Support would be interpreted positively.
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
I commented on Twooke's post in the context of visitation, not finances.

In the interests of Twooke's children; their opportunity to enjoy time with Twooke; and in Twooke demonstrating good parental responsibility to the court, I suggest making an active attempt to provide Child Support would be interpreted positively.

Ok then it begs the question of the other persons negative court judgement? Was he not paying child support in contravention to a child support claim or was their no child support claim?

Because if you failed to obey a child support judgement then you broke the law and as a result you are being punished for breaking the law. If there was no child support claim then you broke no law and are being punished for breaking no law - doesn't seem rite? (Not withstanding that we are all aware the huge pile of things that don't seem rite with regard to the family court, so in that sense it is not at all surprising)
 

King Neptune

Well-Known Member
9 January 2017
20
1
129
You don't need to be the primary carer to start an application for child support. That is inconsistent with the advice CSA gave me, and my experience. Anyone can submit the form to start the process - they then make contact with the other party, get their financial details from both of you and make their assessment.

In my instance I kick-started the process (and am the payer/non-primary carer). Although the ex. wanted to keep it "informal and friendly" and do under the table I wasn't too keen on this for a number of reasons - having a paper trail, her assessment being ludicrous (so much for friendly...).
 

Ironclad

Active Member
31 October 2017
11
0
31
In my instance I kick-started the process (and am the payer/non-primary carer). Although the ex. wanted to keep it "informal and friendly" and do under the table I wasn't too keen on this for a number of reasons - having a paper trail, her assessment being ludicrous (so much for friendly...).

I have had a similar experience to that described by yourself and Sammy01.

Based on personal experience, I suggest that "informality" should be translated as "something to hide" and instances of "double dipping" aren't truly in a child's best interest.
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Anyone liable for child support, whether as payee or payer, can apply for a child support assessment. I would call CSA again and ask for a child support assessment. Whoever you spoke to is an idiot.
 
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sammy01

Well-Known Member
27 September 2015
5,154
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I disagree. My experience is from 6 yrs ago. DonT think much has ,changed. Csa would not take mt money no maytter how hard i begged