Home finance VS Child Support issue

Anonymous

Home finance VS Child Support issue

Finance for a house Vs Child Support

We ( My husband and I) have applied for finance, and we have been give. conditional approval.

However they have given us a completely unachievable condition.

Essentially my Ex hasn't been paying the full amount of child support as requested by C.Support agency. (Taken by his employer directly out of his wages, I don't know why he hasn't been paying the full amount C.Support won't tell me and he and I aren't friends for me to just pop over and ask)

However because its classed as a source of "income" for me, the bank want me to phone his employer and have them write a letter to me explaining why the child support isn't being paid properly.

Yep. My jaw dropped too.

So much wrong with this.

- Privacy act for 1. I'm his ex wife not current wife they aren't going to tell me all about his financial particulars.

- He may have changed employers since we separated 4 years ago, so I don't even know if he is with the same employer to even phone.....

- They aren't going to write a letter to some lady, about one of their employees wage particulars. Are you kidding me.

Not to mention its so wrong... My ex has no dealings with this application at all. I gave them the child support info, as it was requested, because of what comes into our bank statements. It's not a income I use to live off (as I explained to them already)

What on earth do I do?

My broker is going back to the bank to ask what else we can do but its taking forever for a response and I'm having absolute kittens, thinking that my ex is going to screw this opportunity up for us all because he doesn't pay his correct amount of child support!

Posted in:  Money

6 Replies

Anonymous

Just change it to a private agreement for the amount he pays, just for the purpose of paperwork and keeping the bank happy, then change it back to cs collect if you want after the application is done and dusted. Because it is income and they base your eligibility on it they have to investigate any discrepancies. So on paper it might say he pays 20k a year but in reality it's 10k, they need to get a correct figure as that's a big difference.

like
Anonymous

If his employer is paying it to child support, and not sending the correct amount, then he should be accruing a debt. When he does his tax at the end of the financial year, you should be receiving his refund to reduce the debt he owes. Contact child support and demand to know what they are doing to ensure you get the correct amount and request that it be put in writing so you can give it to the bank.

like
Anonymous

Call child support and ask them why he's not paying the full amount. It's calculated on wages so there's no reason. If its garnered surely the whole amount should be collected and it's child services job to do that isn't it.
No I i would refuse to contact him or his workplace due to privacy and security of you both. Assert that centrelink is the only place you can get information regarding child support.

like
Anonymous

While collecting child support from an employer there is a protected income amount (an amount that can’t be touched so the other parent can still support themselves).
I’d have a guess and say the child support agency is collecting as much as they can (from his wages) based on the income each week/fortnight, he receives from his employment.

Quickly googling for 2020 the protected income amount is about $378.53 per week. An example given is ‘ Example: In March 2019, Anna earns $425 a week and pays tax of $19.00 a week. Anna's employer is required to deduct child support of $50 a week. Anna is paid after-tax wages of $406 a week. The protected earnings rate at 1 January 2019 is $372.53. To deduct $50 in child support would leave Anna with less than the protected earnings rate. For that week, Anna's employer can only deduct $33.47 ($406 less $372.53)’

It ‘should’ be his monthly amount plus X amount for arrears and if it’s not this I guess it’s up to him to call the child support agency and work out making extra payments to meet his parenting obligations.

That said, if he’s income has dropped but not less than 5% for the year they won’t change his monthly amount so he could still be paying a higher child support amount which doesn’t accurately reflect his current received income, which could be a reason as to why the amount garnished isn’t meeting his current child support obligations at the moment.

It’s a sucky situation and really poor form on the bank to expect you to find out why you’re not getting what you’re entitled too.

Hope you get it sorted out though.

like
Anonymous

He may not be paying the full amount due to financial hardship. It’s 2020, anything is possible this year

like
Anonymous

Umm no finance company has the right to request that an employer explains why the full amount is not being paid.

If it’s taken from his wages, it t will balance out over the course of the assessment period or will be paid to you come tax time when they take his return to cover arrears.

I’d be questioning wether or not this finance company is all above board because they cannot do that.

like