Waiving CSA when parent on Clink...

[Lulu]

A friend of mine has custody of his child. The other parent is on benefits so therefore the CS is taken directly out of her fortnightly payment.

Other parent is a big fat whinger and expects the world to provide a living for her, and even though she doesn't have full time care of the child and only paying $27 a MONTH in CS she has written my friend a letter asking that he stop receiving the CS payments from her.

It's a long and stupid story (as they all are), but now she is putting awful pressure on the child to get his dad to refuse the payments which is just WRONGTOWN but at the end of the day $27 a month makes absolutley no difference to my friend and in an effort to get her to lay off the child he thought he might agree.

Only problem is I'm not actually sure if it can be done with her on payments. I'm aware of Private Agreements with CSA, but I don't think it can be done with Clink payments invovled.
Anyone have any idea?

[Inertia]

As far as I know, if he stops getting CS from the ex then his FTB is slugged. I mean its the same with me really, the $27 makes no difference and the Ex would be happy to never pay it again, I would be equally as happy not to take it from him. But I can't not. If I refuse his CS then I get put on minimum FTB A for Angel and Chilly. So I would not just be losing his $27 a month, but a good $200+ a fn too.

Just not worth it.

[Lulu]

I didn't think so. At least he can tell her it's out of his hands....hopefully she might back off.

She just sent him this letter telling him he should be ashamed of himself for taking the money (!) yadda yadda yadda - completely forgetting about the CAR he bought her 2 years ago. She's not stable and the poor kid is really really suffering.

[Pretty Butterfly]

Yep, unless its changed, you have to recieve /seek child support to get maximum rate. Otherwise you get base rate.

What they can do is speak to the child support folks. If they let them know they have a private agreement between them, eg, she buys child new clothes a month instead of the money, they can stop them taking it out of her payments. Then what happens between them is no ones business....

Eta.. unless that has also changed.. but my ex's just pay me in cash once a month, CSA would have no idea if they are paying the right money unless i complained.... ( they both do anyway)

[Inertia]

I did look at that option PB, but its basically fraud - and if it ever came to light the backpay he would owe me wouldn't even scratch the surface of what I'd owe cl. There is also absolutely no way I would even consider defrauding centrelink just to make him happy!

[Lulu]

Thing is, I don't think it can be done with paying parent on Govt payments.

[Yael]

Very sure the only way he can do it without affecting his FTB is if he is in fear of domestic violence.

I will check with DH, but i'm very sure it is no. I would get her to call CSA directly. Even though they have a private agreement, does CSA collect and dispurse it for them? I would be a bit suss about her, and would go through CSA just to make sure that she can't cause problems later (saying she paid when she didn't etc etc)

[Visitor9]

Lulu,
I decided not to have ExH's payments accessed even thou C Support said I was entitled too ..I mean there is children being sponsered in third world countries that would get more than he has to contribute to DD life. He just needs to tell C Support that they want a private agreement and as long as the two of them are happy , C Support and CLink are just organisations that sit in the distance JIC.
Bec

[Fleur]

Can he just give her that $27 back in cash each month?

[fionas]

I was thinking the same thing jasp.

[Lulu]

I don't think you can enter into private agreements when clink is involved. Isn't it along the laws that a parent must maintain their child regardless of the circs. Btw this is my exH, the child is now 16

Yes, he could probably give her back her piddling $27, but after everything that has happened in the past, and the way she has gone about this...it feels a step too far.

eg - had an affair which broke up the marriage, kicked him out of the house and took all assets.
Treated his older son like crap and made him stay in his room on visitation weekends when exh was at work (didn't find out till child was older)
Dragged the kids all over the state whilst she chased various boyfriends
Allowed the child to have all his mates over and bought them alcohol and left for the night resulting in police involvement.
Always happy accepting well over and above CSA rate of payment but crying poor because she couldn't be arsed working no matter she has various qualifications.
Called to abuse us because her foxtel got cut off. We couldn't afford it

Now the child is older and living with him he refuses any sort of contact with her. I believe the final stroke was when she told him she was dying of a kidney problem and he paid for a 'last holiday' for her and financed a car. Then she refused to make payments or register it so he had to reposses it and continue payments. She is not dying, she just wanted a holiday and a free car.
Still don't know why she needed a new car - he father went missing so she went and took his sports car as her 'inheritance' within a fortnight. He has only just now been declared dead. She also got a large amount of cash to shut her up and leave her family alone.

The child has had to call the police after a drunken brawl at her house, the poor kid had to carry his little brother down the road in the middle of the night to keep him safe until police got there.

NOW her latest boyfriend last left her (and run far away), so she gets someone else to pay half her rent and writes a 2 page letter to exH outlining what a crap father he is for expecting her to pay child support.

SO as you can see, it feels like just a little too much.....

He will probably do it though, to get the rancid troll of his sons back

[Fleur]

Agreed, it seems like a LOT too much to have to give back that $27 a month....waaay unfair
But after reading all that...

He will probably do it though, to get the rancid troll of his sons back

It sounds like it might just be worth it

[Lulu]

It's more the phyical act iykwim? He can just give it to the child when he goes off to his mums on the weekend. She keeps saying she can't afford to feed him *sigh

[Fleur]

Oh boy. And I'm sure that $7 a week is going to be a biiiiig help...
But, what she puts through the pokies, now....
Ah well, you can't reason with people like that. Good luck to your XH