Legal Question in Family Law in Australia
Visitation/Social Supports
Since our divorce in 96 in Switzerland, my ex didn't pay his spousal maintenance and child supports. He recently inherited some money from his family and there's a big chance I will be getting my money of all those years back.
I however have enjoyed the child supports and single parent pensions from the Australian Government during the same period of time.
My questions are:
1. Do I have to inform the Australian Government about the amoutn I will be receiving and do I have to pay the Government back?
2. Can I just keep the money and not inform anyone since there'a high risk that my Ex won't pay anymore as there's no money left in his inheritance's account?
3. I moved our child out of our country of residence without informing my ex and now he wanted his visitation right to be placed and wants that I pay for all travel expenses since my move - in his point of view - is unlawful. Do I have to adhear to this request?
Thank you and looking forward to hearing from you.
1 Answer from Attorneys
Re: Visitation/Social Supports
Firstly in relation to child support, there is no obligation upon you to let anyone know of the payments other than the child support agency, and then only if your child support debt was registered with them. It is not income and therefore is not taxable, nor is it going to effect your centrelink payments received.
On the issue of contact, there is a convention that can require the return of children to a country where orders are in place in relation to their residence or contact.
There are exceptions to the rule on the basis, for example, that they are settled in their new country.
As you can see, a lot depends on how long you have been here, whether or not there are orders in place, etc.
I srongly recommend that you see a family law solicitor as soon as possible.
Greg Shoebridge
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