Child Maintenance Issue
The client is facing challenges in securing child maintenance from their child's father, who is not meeting his obligations. The Child Support Agency (CSA) has been unable to find the father's work location or bank details. This issue is occurring in Western Australia. The matter focuses on child maintenance and family law, causing significant frustration for the client.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat legal actions can I take if the Child Maintenance Service (CMS) cannot locate my child’s father’s employer or bank details?
If the Child Maintenance Service (CMS) is unable to find your child’s father’s employer or bank details, you may want to apply for a Request for Information Order through the court. This order can require your child’s father to provide financial details, such as employment and bank information. Additionally, you might consider hiring a private investigator to find him or his financial information. It's also important to ensure that all available information has been submitted to the CMS to assist in their search.
Are there alternative methods to enforce child maintenance payments when the CMS cannot help?
If the Child Maintenance Service (CMS) is unable to enforce child maintenance payments, you may want to consider hiring a solicitor to pursue a legal route such as obtaining a court order for child maintenance through the family court. This process can be complex and may require demonstrating the need for maintenance and exploring the financial situation of the parent failing to pay.
What happens if my child’s father continues to avoid his child maintenance obligations?
If your child's father continues to evade child maintenance obligations, potential consequences could include enforcement actions by the Child Maintenance Service (CMS). These actions can involve deductions from his earnings, court orders for asset seizure, or liability orders to compel payment. Persistent non-compliance might lead to court appearances, fines, or even imprisonment in severe cases.
Is seeking a court order for child maintenance possible, and what would the process involve?
Yes, it is possible to seek a court order for child maintenance through the Family Court. This can be pursued if the Child Maintenance Service (CMS) is unable to collect payments effectively. The process generally involves filing a financial application with the court, where you will provide details about your financial situation and requirements. The court will review the information and issue an order taking into account the child’s needs and the financial circumstances of each parent.
