Child support change of assessment experiences and issues
By integrity
#16518
I have recently applied to the Family Court for a Stay Order of my CSA based upon my bleak financial situation. I have asked for an administrative reassessment once my ex's financial finances are looked into thoroughly.
He has a history of lying very well. The hearing is coming up in a few weeks. I'm not feeling very confident as the CSA seem to be more focused on getting money out of parents rather than a persons' assets or personal financial hardship. I do believe this is fair enough. However like many others I'm sure the money does not filter down to the children with needs.
My ex charges my son rent and has manipulated him into paying his own bills. My son works a casual job on weekends yet most of the money goes straight to dad or to pay his own school bills. I send a box of food fortnightly to prevent him from going hungry.
I'm wondering if anyone here would like to share their knowledge/experience with Stay Orders?
I cannot afford a Lawyer for Legal advice.
Many thanks in advance :D
By integrity
#16607
Here is an update just in case it is helpful for a single mum out there who is wondering what to do when it's impossible to pay for Lawyers and you suddenly find yourself on the opposite end of the story as to Child Support. If any one else is applying for a Stay Order please share your experiences :)
I was pleasantly surprised to receive a letter from the CSA Registrar to inform me my application for a Stay Order was valid and legal. Departure from the CSA administrative assessment is allowed under special circumstances. She was helpful on the phone answering my questions. The Hearing is coming up in a few days. I have been swatting up on the Child Support and Collections Act.
It is an interesting learning curve. It seems I must demonstrate to the Registrar in court that my circumstances are special. I quote "The phrase 'special circumstances' of the case' is not defined by the CSA Act. The Family Court has held that it is intended to emphasise that the facts of the case must establish something which is special or out of the ordinary".
In my case I am claiming Financial Hardship. If granted a Stay Order will halt the Child Support payments until the CSA can reassess.
I may not get it yet it's good to ask. After all it is our Legal Right.
This first day in court may well be procedural as my ex has not bothered to return any required paperwork and the Registrar will have to ask him to before the Hearing can proceed.
Good luck to all and please share any thoughts and /or experiences :)
By integrity
#16621
Success! Stay Order in place by Magistrate based upon my current Financial hardship. I would encourage anyone to self represent and avoid the expensive fees. :)