Enforcing and agreement in Australia

Home Online forum Gingerbread Forum Enforcing and agreement in Australia

This topic contains 8 replies, has 2 voices, and was last updated by  SOLOMUMMY 1 year, 2 months ago.

Viewing 9 posts - 1 through 9 (of 9 total)
  • Author
    Posts
  • #16034 Report

    Russ29
    Participant

    Hi

    Wondering if anyone has any experience here….. I have 2 children in the UK which I pay Maintainence for through mutal agreement with my ex wife.

    I also have a child in Australia, where I had a mutal signed agreement, yet my ex girlfriend has now decided to go through their version of the CSA to gain further money.

    1. Does anyone know how I can enforce the signed agreement that we have, as the Astrailian CSA will not accept what we have.

    Note: I have never broken the terms of the agreement.

    Any advice or experience would be very very much appreciated.

    Russ

     

    #16036 Report

    SOLOMUMMY
    Participant

    Unles it was legally ratified then they don’t have to accept it.

    UK has a Reciprocal Enforcement of Maintenance Orders

    “Reciprocal Enforcement of Maintenance Orders”greement with a number of other countries Inc Australia. Courts inREMOcountries’ can enforce child maintenance decisions made by UK courts. I presume that means UK courts can also do the same if decision made by Australian courts. I would anticipate so for it to be reciprocal.

    #16037 Report

    Russ29
    Participant

    Hi

    Thanks….. no this was an agreement that we wrote up and signed ourselves. I don’t see how you can sign an agreement and go back on it.

    Is there no way to legally challenge that the original agreement, as it has not been challenged shouldn’t stick?

    Its more of a moral thing for me, than anything else. Can I raise a claim somehow in the UK or Australia, that would recognise this?

    #16039 Report

    SOLOMUMMY
    Participant

    No, that’s counted as non binding informal agreement I’m afraid. And the whole point of the vwriouv maintenance aebcirdais that at any time the receiving parent wishes to change the arrangements if they don’t have a legally binding agreement they can use these agencies.

    As a rule, many paying parents pay significantly less with the agencies. They have to take into account other children that live or don’t live with you and even the children of a new partner if you live together.

    Have you received pay increases since the agreagree? Has your ex said why they’re opting for this course of action?

    #16042 Report

    Russ29
    Participant

    Hi

    No she hasn’t really, her financial circumstances changed, so everything was OK until then.

    Her change of financial circumstances, were nothing to do with me.

    Juat frustrates me that you can have an agreement and because she has changed her mind imnleft with no leg to stand on but comply.

    Mum really looking to see if I can somehow get a court to agree with the moral stance of the agreement in the first place.

    It’s like, well my circumstances have changed so I’m going to change what we had in place and was working.

    Hardly fair

     

    #16047 Report

    SOLOMUMMY
    Participant

    Pressed too soon

    #16048 Report

    SOLOMUMMY
    Participant

    The reality is at any time any resident parent can do this.

    she maybe under the illusion she will get more this way. Do you pay the equivalent of 17cents for every equivalent Australian dollar you earn?  If not and less you can see why….

    Any informal agreement can be reneged in. Yes it irks. But ultimately you should want to pay for your children by the minimum of the going rate and if that’s higher in Oz I understand why she’s changing the goal posts….

    And in fairness if your circumstances had changed you to could have reneged in the agreement.

    #16059 Report

    Russ29
    Participant

    Thanks……… It not really about the money, its more the whole circumstance.

    My ex chose to move back to Oz, which pretty much means I have zero chance of contact etc. How can it be fair that by none of my own making, someone decides to leave, rendering me no chance of contact, but can then change their mind on an agreement.

    Do I not have any rights in this situation?

    #16077 Report

    SOLOMUMMY
    Participant

    You have right to contact and probably a good case for sharing the associated travel costs….. did you agree toherrelocating with your child?

Viewing 9 posts - 1 through 9 (of 9 total)

Log in or register to reply to this thread

Log In Register