- Sun Dec 27, 2009 10:05 pm
#689
The link with instructions on the process of Child Support Arrears Enforcement have been published to the SingleMum.com.au website in the Single Mother Forum Member Article Submissions Index here:
http://singlemum.com.au/misc/single_mot ... index.html
The post below has been copied from another Child Support Topic in order to make it more visible:
Author: Annabelle
I have some documents that you can use. I am sending them to the mods for publishing on the net.
First thing you need to do is send you ex partner a letter advising what you intend to do. (Copy will be published here).
Second you need to ask for a Section 116 Certificate from the CSA proving what the arrears are. You will need this for court and it may need to be updated as more arrears accrue before court. CSA should send this out to straight away. You also need to provide a simple written notification to the CSA that you intend taking the matter to court yourself for the enforcement of arrears. Don't forget to do this. Please note that the CSA CANNOT stop chasing your ex for the arrears even if you are taking action yourself. The law was changed in July 2008 and some people (even court officers) may tell you that you are unable to take action as well as the CSA but this just proves they have not kept up to date with the changes. Plus it is very unusual for a payee to take action themselves and you may have to convince others that you have the right. Read the letter when it is published here to make yourself familiar with the relevant Section under the act or alternatively tell them to buzz off.
If there is no response to your initial letter then you need to go to a Federal Magistrates Court or Family Court and file and an application. This form is quite basic and it needs an affidavit attached setting out your child support history and how long it has been since you have been paid etc etc. This is where you put the Section 116 evidence provided by CSA. Affidavits are quite easy to write, keep to facts and don't get emotive.
Put clear numbering, well spaced and write evidence like: "On 12th May 2008 the Child Support Agency made an administrative assessment for $12,000 per annum for John Doe 12, and Jane Doe 10." Stuff like that. Don't put what you believe, only facts and try to be professional. I can help if you want more assistance. The attached documentation makes references to the relevant sections of the act for inclusion.
I will also be able to publish a copy of the orders you are seeking from the court.
Because the Section 116 certificate from the CSA is evidence of the debt, the payer cannot refute the amount sought as the place to do that is through the Change Of Assessment process with the CSA and not the court.
This all should result in your arrears getting paid forthwith as one of the penalties cn be jail for failing to pay up.
I so hope some of you decide to do this to collect CS arrears for your children as there are so many dead beat dads out there.
Here is the link with instructions on the process of Child Support Arrears Enforcement:
http://singlemum.com.au/misc/single_mot ... index.html
http://singlemum.com.au/misc/single_mot ... index.html
The post below has been copied from another Child Support Topic in order to make it more visible:
Author: Annabelle
I have some documents that you can use. I am sending them to the mods for publishing on the net.
First thing you need to do is send you ex partner a letter advising what you intend to do. (Copy will be published here).
Second you need to ask for a Section 116 Certificate from the CSA proving what the arrears are. You will need this for court and it may need to be updated as more arrears accrue before court. CSA should send this out to straight away. You also need to provide a simple written notification to the CSA that you intend taking the matter to court yourself for the enforcement of arrears. Don't forget to do this. Please note that the CSA CANNOT stop chasing your ex for the arrears even if you are taking action yourself. The law was changed in July 2008 and some people (even court officers) may tell you that you are unable to take action as well as the CSA but this just proves they have not kept up to date with the changes. Plus it is very unusual for a payee to take action themselves and you may have to convince others that you have the right. Read the letter when it is published here to make yourself familiar with the relevant Section under the act or alternatively tell them to buzz off.
If there is no response to your initial letter then you need to go to a Federal Magistrates Court or Family Court and file and an application. This form is quite basic and it needs an affidavit attached setting out your child support history and how long it has been since you have been paid etc etc. This is where you put the Section 116 evidence provided by CSA. Affidavits are quite easy to write, keep to facts and don't get emotive.
Put clear numbering, well spaced and write evidence like: "On 12th May 2008 the Child Support Agency made an administrative assessment for $12,000 per annum for John Doe 12, and Jane Doe 10." Stuff like that. Don't put what you believe, only facts and try to be professional. I can help if you want more assistance. The attached documentation makes references to the relevant sections of the act for inclusion.
I will also be able to publish a copy of the orders you are seeking from the court.
Because the Section 116 certificate from the CSA is evidence of the debt, the payer cannot refute the amount sought as the place to do that is through the Change Of Assessment process with the CSA and not the court.
This all should result in your arrears getting paid forthwith as one of the penalties cn be jail for failing to pay up.
I so hope some of you decide to do this to collect CS arrears for your children as there are so many dead beat dads out there.
Here is the link with instructions on the process of Child Support Arrears Enforcement:
http://singlemum.com.au/misc/single_mot ... index.html
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