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Child support query.?
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Child support query.?

Just wondering what to do in this situation: My ex-husband and I divorced in 2003/2004. It is a legal requirement for him to pay 18% of his annual income as child support, but he refuses to pay ANY. He frequently blocks my calls and emails and refuses to discuss the matter. We also have a property overseas under both our names which we agreed to give to our daughter after the divorce. He resides overseas at the moment, while my daughter and I are in Australia. He refuses to transfer the name of the property to my daughter's despite him agreeing to it on a legal document at our divorce. I am absolutely stuck for what to do, as there is no way in my knowledge that could make him pay child support or transfer the property to my daughter's name. Are there any knowledgeable lawyers out there willing to help? Thanks so much in advance for your responses.







mattick
Rating
CSA does have some powers when the paying parent is residing overseas, however, you also need to know that some Country's don't have an agreement with Australia to enforce Child Support. If dad is residing in a reciprocating jurisdiction such as New Zealand, CSA may be able to assist, however, if he is residing in a Country such as Iraq, they will not be able to enforce any payments. If he has a lot of debt owing in child support, I would speak with the CSA about the possibility of them obtaining a Departure Order. They are only able to do this if there is a certain debt owing, however, once this Order is in place, if dad re-enters Australia, he will be detained by the Federal Police when going through customs and provided with the Order showing that he is unable to leave the Country until the debt is cleared. If dad likes to come in and out of the Country, he would be stopped leaving. This would at least solve your child support problem. As for the property problem, if the property is in another country, I dont see how the Australian Courts can make him sign it over. You would definately need to speak with a Solicitor about the powers that our Country has with enforcing this.


RMF
Is he Australian? I thought the CSA in Australia could force him to pay his child support if he was Australian? Have you spoken to the CSA? That would be my first point of call. Every now and then you actually get onto someone there who seems quite helpful. At the very least they will give you the number of your local community lawyer. They are free and brilliant with child support cases as that's pretty much the majority of their work! I used one when I wanted to get my income hiding ex to pay more than $160 per month, and she was brilliant. She managed to get mine increased to $700. If you ring the CSA and get onto a dumb unhelpful person then ring back later and try again! Obviously your ex is a bit of a scoundrel.... but at least your overseas property is in both your names. Due to this the limit of 12 months after divorce on property settlement won't apply, you can take him to court, get it sold and at least get your daughter half the proceeds. See a free community lawyer, they will definitely point you in the right direction. I'm Aussie by the way, and going through all sorts of divorce stuff here too. I'm sure a lawyer will be able to find some way to help.


karmaticjustice
wht don't you get a lawyer and take him to court for child support. My dad will go to jail if he doesnt pay my mom child support.


Lindsay Rae
Rating
If a Judge ordered him to pay you a certain percentage in child support monthly, and he has not, it is very easy to fix. All you have to do is call the court. Speak with local law enforcement. Wage garnishments are most certainly international. Good luck.







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