Australian solicitor / lawyer needed.

Printable View

13-10-2018, 03:46 AM
Hensen

Australian solicitor / lawyer needed.

All info well appreciated.

My bird has 2 children. Boy 21, left home and working - Thai father.

Girl, 10. Australian father.

The problem is, after about 18 months of child support by the Oz chappie, he was stopped / or under pressure, from a new Thai g/f, who he eventually married and now has 2 children, from sending any more child support.

So my lass is so far owed about 8 years of support, and I think the support should continue until his girl child is 16 / 18.

The girl is a child prodigy - top of class in just about everything, including winning international - child level - arts exhibitions.

I have read that in Oz, child support runs at about 17% of yearly income of the father. Well, this man is from a very wealthy farming family, with farms, abbatoirs and butchers shops - makes a bloody fortune.

So, from my research, she is owed between 200/400 grand ASD.

So, anybody got a shit hot Oz lawyer / solicitor to recommend ??
13-10-2018, 04:21 AM
David48atTD
Centrelink (the government) has better powers.

Read ... https://www.humanservices.gov.au/ind...payments/29946

Another view ... Collecting and enforcing child support - Legal Aid Queensland

Oz lawyer / solicitor fees are circa $200 - $400 per hour.

If it was me, I'd look at the government options first.

For example, the Government will ...
Quote:
Issuing overseas travel bans

We can stop a paying parent with a Departure Prohibition Order if they:

have overdue child support
refuse to work with us to pay it, and
plan to travel overseas

This is an administrative order.
It prevents them leaving Australia until they pay the overdue child support, or agree to a suitable payment arrangement.

We don't need a court order to prevent them from leaving Australia.
Quote:

Litigation

We can take paying parents to court to collect outstanding child support if other enforcement methods don't work. We’ll do this if there’s an asset or income stream in the paying parent's name.

From that Centrelink link above.

Good Luck and ... BTW, I'm on 10% of the recovered monies :)
13-10-2018, 11:59 AM
cyrille

I see it was you who was asking recently about how to get your Thai gf a visa for the US while she's in Thailand and you're in the UK.

Then a couple of weeks back you were planning for her to get a visa for the UK.

Now you say she has two children from two previous marriages?

Your life seems pretty complicated.
14-10-2018, 09:46 AM
TizMe

Quote:

very wealthy farming family, with farms, abbatoirs and butchers shops

very wealthy Australians have a habit of making the govt believe that their income is quite small.
14-10-2018, 05:41 PM
Hensen

And then some !!
14-10-2018, 06:11 PM
jamescollister

Not a lot of information in the OP, but at a guess, kids born in Thailand, so falls under Thai family law not OZ law.

Nothing to do with the OZ family courts, may be some treats over foreign born off spring, but hard to sue anyone one in one country for actions in another.
14-10-2018, 06:28 PM
Dillinger

Quote:

Originally Posted by Hensen

Girl, 10. Australian father.

The problem is, after about 18 months of child support by the Oz chappie, he was stopped / or under pressure, from a new Thai g/f, who he eventually married and now has 2 children, from sending any more child support.

So my lass is so far owed about 8 years of support, and I think the support should continue until his girl child is 16 / 18

Should be 20 years of age.

However, the girl being most probably born out of wedlock.....

Quote:

Child Support for Illegitimate Child

In general, the biological father of the child is not obligated to pay for the child support. However, the father is not barred to enter into an agreement on child support payment with the mother of the child, and such agreement is enforceable once it is registered with the district office

https://www.siam-legal.com/legal_ser...n-Thailand.php
14-10-2018, 07:10 PM
David48atTD

1 Attachment(s)

Quote:

Originally Posted by Hensen

Girl, 10. Australian father.

If the girl was born in Thailand but has received Australian Citizenship through Decent, as my boys did
then the girl is an Australian Citizen.

https://teakdoor.com/attachment.php?a...id=21154&stc=1

It doesn't matter if the Aussie Father and Thai mother were married or not in the eyes of Australian Law.
The girl is an Australian Citizen.

If the girl was born in Australia and her Aussie Father is on the Birth Certificate then the girl is an Australian Citizen
(and should have an Aussie Citizenship Certificate).

Australian Law applies, in Australia ... end of story.

wHAT cITIZENSHIP PAPERS DOES SHE HAVE?

---

If however, the girl was born in Thailand, even if the Aussie Father is on the Thai Birth Certificate AND the girl
hasn't received Australian Citizenship (by decent) then, as the Aussies are fond of saying, she is up shite creek
in a barbed wire canoe without a paddle.

After a certain age the Thai Courts will allow DNA evidence, but not something I have first hand experience of.

IMHO
24-01-2019, 04:19 AM
Hensen

Solicitor on the case. Girl has dual passports. Will cost 4400 Oz dollars to launch case, but looking good so far.
24-01-2019, 06:26 AM
ootai

Quote:

Originally Posted by Hensen

Solicitor on the case. Girl has dual passports. Will cost 4400 Oz dollars to launch case, but looking good so far.

Hensen
I am curious (as I am sure are other TD veiwers) was the girl born in Australia or Thailand and is she an Australian citizen?
These are important things to know so future viewers looking for information in this area can determine which of the above posts are relevant and which are not.
I notice you have said it will cost A$4400 to launch the case what does that mean exactly?

Please continue to keep us updated.
Thanks
24-01-2019, 06:58 AM
bowie

Quote:

Originally Posted by Hensen

Please continue to keep us updated.
Thanks

Seconded

Hensen, thanks - an interesting thread
24-01-2019, 07:36 AM
bobo746

Who's idea to chase the money ????

https://teakdoor.com/images/imported/2019/01/1117.jpg
24-01-2019, 08:50 AM
Hugh Cow

If the guy is a businessman he may have an indirect source of finance which may be hard to trace. A cartoonist in Australia avoided maintenance for years by claiming he had no income and relied on charity from friends. He lived in a condo and drove a rolls royce and as far as I'm aware paid nothing up to the day he died.
Better to leave Centrelink child support to try and collect. It could get very expensive and you will most likely bear the legal cost. Dont know where you get a figure of 200K to 400K, thats $500 to $1000 per week. The payments are a percentage up to a maximum $160,000/year salary. Your wifes income also counts and if he has been able to "minimise" his salary to around $25,000/year you wont get anything as they dont take support payments until income exceeds approx $25K. Although it may have changed over the years.
10-05-2021, 07:35 AM
petercallen

Quote:

Originally Posted by Hensen

Solicitor on the case. Girl has dual passports. Will cost 4400 Oz dollars to launch case, but looking good so far.

not hard to find a Australian law firm to launch a case if you re paying up front
winning a case is a completely different ball game
you better have short pockets and long arms if you intend to proceed with the case
10-05-2021, 08:20 AM
Saint Willy

Quote:

Originally Posted by petercallen

not hard to find a Australian law firm to launch a case if you re paying up front
winning a case is a completely different ball game
you better have short pockets and long arms if you intend to proceed with the case

Two years ago. I reckon the case might have finally concluded, and your advise might be slightly too late.