If CSA has set the CS at $6000, that is what he should be paying and if he has agreed to meet 50% of school costs on top of this, he should be paying that too. by failing to meet the payments on time or in full, he is guilty of financial abuse as defined under the act in Tas, Vic, and Qld just introduced financial abuse into its amended legislation this year:http://www.communities.qld.gov.au/commu ... n-act-2012
I did it in the state magistrates court, not the family court or federal court. It's a simple matter of abuse which falls under state legislation. The complication is that the money in dispute is CS which is set by the federal govt, but you just have to play that down. You need to stress that CSA have very limited powers and mechanisms to collect it, and clearly in your case with $50,000 arrears, they are not doing a great job!! I'm pretty sure no one would agree that he is not abusing you by paying $7/week when he should be paying at least $100 a week!!! Make it about the children, not just yourself, the money is for the welfare of the kids and they are being abused.
Go to your police station and ask to lodge a apprehended violence order and fill out the forms, list yourself and your kids as the abused. In tas they asked if I wanted to tell the other party of just have it put in place - if you get the option, just put it through straight away! He will find out through the system. Ring the police prosecutors office and ask them for advice- i did this and they took the case on and represented me so I didn;t need to prepare or get a lawyer.
you will need evidence, ask CSA for a printout of the payments made for as far back as you like to demonstrate he has been paying in dribs and drabs. Ask CSA to write to you stating the amount of arrears owing since what date and the current payment schedule. Use the consent orders too - did he agree to pay half the school fees? Any statements he has made in emails, texts or CSA files, eg. in COA processes that indicate he is trying to control you or your child/ren, manipulate or he is "withholding the necessary finacial support" for his child - use the words from the act. ie, my ex said 'if she maintains her current attitude, I might think about paying her more CS' and 'I'm really angry that CSA is letting her harass me by putting in a COA'
the legislation had never been tested in Tas before, so another reason why the magistrate was nervous about his jurisdiction. This will be the same in qld, if it hasn't been tested, they will be nervous about setting a precedent. So if the police are supporting you it;s better, they know how to run a case and if you have good evidence they will want to test the legislation.
The federal govt also just amended the federal legislation:http://www.ag.gov.au/familyviolenceact
and it now includes financial/economic abuse, so you may be able to use this one, I don't know??? I haven't looked at how to apply this and suspect it may be more complex than a routine AVO in the state court.
happy to assist in any way, let me know how you go!