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Desperate, legal advice needed!!!!

Filed under: Child Support,General,Law & Courts — Had_Enough @ 1:42 am Thu 3rd December 2015

OK, so I have suffered all kinds of financial deprivations over the past 13 years thanks to IRD Child Support and their criminal anti family, anti male Nazi policies. Not only have I suffered but the two children who were in my custody also suffered because I had to take food out of their mouth’s to pay for their mothers lavish lifestyle because after all she had one child in her care and we couldn’t have her contributing to the upkeep of my daughter. So I worked 60 fucking hours per week and eventually one of my kids went back to her because I was never at home due to my 2 jobs and couldn’t spend enough time with him. The more I worked the more money she got and I just paid and paid and paid and paid. My new wife has suffered to. We had no money to do normal married couple things. No trips away, no going out to restaurants, no money to fix broken cars or pay power and water bills, just work, work, work and nothing to show for it thanks to IR Fucking D and their evil money grabbing policies. Just as I thought I saw some light at the end of the tunnel, with only 18 months left to run on my liability, they have put up my liability by an extra $200 per month for no logical reason and are refusing to negotiate and I have been told that if I don’t pay they will take it straight out of my wages. I am not going to let them take my house and everything my wife and I have struggled for when there is only 18 months to go but I can’t see a way out. I just don’t have enough money to pay their ransom and I don’t know what to do. Does anyone know a lawyer who understands the Child Support legislation and can help me. I haven’t slept for 3 nights worrying about how I’m going to pay for everything. I live in Australia and the CSA collect on behalf of their evil amoral bastard IRD CS friends in NZ. Any help would be much appreciated. Happy to provide my contact details on request and I don’t mind paying a fair rate for legal advice.

27 Responses to “Desperate, legal advice needed!!!!”

  1. By says:

    Phil Dreifus at Rishworth Matherson based in Gisborne
    He is on to it

  2. JONO says:

    Can empathize with your situation. Fortunately my two daughters ceased to be part of that ugly system before IRD took over “child support” collection from Social Welfare, however, I haven’t forgotten the constant “custody/access/maintenance” battles that had me fronting up to Family Court 3-4 times every year. As far as I am aware you can still apply to the Family Court for a review of child support payments demanded by IRD who obviously do not take into account the payee’s cost of living and simply calculate a percentage of gross earnings. Google “how to lower child support” and similar search queries and you’ll find thousands of men in similar financial stress. Most lawyers provide the first visit for free and I’m sure there are competent “family law specialists” in OZ who understand the NZ IRD system.

  3. colin & co says:

    I hear your pain, like many people on this board I have been the subject of a prolonged series of attacks by my ex wife seeking more money. To date I have had 10 IRD administrative reviews instigated by the witch. I have also been to court seeking to overturn the IRD assessment that resulted in a please pay $13k within 6 weeks demand.

    Your first step is not to get a lawyer involved but to apply for an IRD administrative review.

    Not knowing your exact details I do not know what grounds you can apply under, however the following link will be helpful and you need to investigate this closely before you do anything else. http://www.ird.govt.nz/childsupport/assessment/reviews/grounds/grounds-administrative-review.html

    I hope this helps

  4. Downunder says:

    You need to be careful about applying to the Family Court for a review, as the women’s lawyers tactic is to make an extraordinary claim, then demand presentation of your financial documents to prove otherwise.

    If you don’t comply, then of course a judgement can be made, in support of the claim, because of the, absence of your evidence.

    I’ve seen this done. It’s a secret court. They do what they want behind closed doors.

  5. Ministry of Men's Affairs says:

    Good advice Downunder (#5).

  6. Downunder says:

    It can be worse for men living in New Zealand as Family Court lawyers will do asset searches then lay claim, to those assets they identify, along with the spurious claim, and the demands for other financial documents.

    They set up a fait-accompli, which effectively is, kiss goodbye to this much, or come play our game, oh and bye the way you know the Judge is on our side.

    This is one of the ways asset stripping is run through the Family Court.

  7. Had_Enough says:

    Thanks for the tip By. Do you know if this guy is combative enough to take on IRD CS? There are a lot of wimpy lawyers around these days who seem more interested in fees than results. Colin, I think I may be able to put a case together for Ground 8. I believe the mother has inherited 1/4 of a substantial block of land in a prime part of NZ and is doing quite nicely. There are three things that particularly piss me off about all this.

    1) The extra 25% I have to pay does not have an entry in any IRD CS statements but just gets magically added on to my total liability. I understand numbers and spreadsheets and balance sheets but this makes no sense and I know of at least one other Kiwi living in Perth who has a similar problem.
    2) I am not allowed to see my daughter. The Family Court has a file about a metre high and there is not one word in any of their documents that would imply that I am anything but a loving and caring Dad. But because the mother can get away with it she has blocked my access for 6 years now and is currently in Canada somewhere with my daughter and I have no idea what’s going on in her life. I feel like declaring bankruptcy and telling IRD to get the fuck out of my life but that means losing my house and losing my freedom and I need to find some way of surviving the next 18 months.
    3) One of the reasons I have not one extra cent to cover the extra demands of IRD CS is because I helped out my son. It cost me $21,000 but I don’t care because he needed my help and for a very good reason. BUT the IRD and the CSA don’t give a flying fuck about paying parents commitments to adult children do they? If I hadn’t helped him he would currently be in Jail for an offence that he didn’t commit and most of the money went in legal expenses which resulted in the judge dismissing all charges and kicking the dodgy corrupt cops arses. So it’s not like I’m spending the money on alcohol and nice cars.

  8. Downunder says:

    3) One of the reasons I have not one extra cent to cover the extra demands of IRD CS is because I helped out my son. It cost me $21,000 but I don’t care because he needed my help and for a very good reason.

    You didn’t help because you were a parent, you helped because you were a father.

    Parents simply comply with the States wishes.

  9. Downunder says:

    Mothers and Fathers live in the ‘State’ of the Family.

    Parents live in the State.

  10. Had_Enough says:

    Hey Downunder, that’s very true. Also, I should point out that the $21000 wasn’t savings. I had to bow and scrape to the Visa and Mastercard Overlords as well as a Finance company and funnily enough they want to be paid back with particularly high interest 🙁

  11. MrFatsworth says:

    Indeed – a secret court, administered by a feminist legal profession.

  12. voices back from the bush says:

    I wish I could offer legal advice to others, but I have lost and lost and I have no more ability to fight against prejudgments.

    Forget ombudsman and police complaints commission, forget submissions to parliament and meeting mp’s.

    Don’t bother yelling into your compost bin,
    Go out and spit on a cop car, the temporary relief is actually quite a good feeling that all falsely accused males can enjoy.

    Just give it a try, you’ll see what I mean.

  13. voices back from the bush says:

    I recently clicked back to the introductions page and watched the video posted by JP of Karen Straughn speaking at a libertarian conference. It was a good clip, informative and accurate etc.
    Thanks for putting that one on that page John, I thought it made a very good introduction.
    Merry xmas to you all.

  14. Downunder says:

    Not that it’s likely to make any difference to child support, but it is expected that Paul Goldsmith will take over the IRD portfolio from the current Minister Todd McClay, from today.

  15. Had_Enough says:

    I’ve had several conversations with IRD since I originally posted this. The biggest problem I have is trying to get through to them that the amount I am actually paying doesn’t match the amount that they are asking for on their statements. Lets say for example I am asked to pay $1500 NZD per month for 1 child. OK I get that. I have one child I am paying Child Support for and they are asking $1500 per month. Simple you may think but NOoooooo. Some idiot in either the CSA or IRD CS (or both) has decided that there is a magical mystical figure derived on November the 1st that inflates the Child Tax to about $1700 NZD, so almost $200 extra. Some condescending halfwit in IRD told me that this is because of the Exchange rate. Well it actually isn’t because even when I calculate the Exchange rate as being $1.10c (the most it’s been in the last 18 months) I would end up paying under $1500 once my income is calculated in AUD and converted to NZD, Apparently some IRD halfwit decided that on November the 1st this year the Exchange rates were at parity. They actually weren’t but if you follow that logic my earnings should also have been at parity so, for example, $100,000 AUD should be $100,000 NZD. That’s not the case however but when I plug in the rate they assessed me at on Nov 1st, using the mystical and fictitious dollar difference, I get this grossly inflated figure that the CSA is demanding but doesn’t actually appear in my IRD statement. The problem is that the child tax halfwits on both sides of the Tasman are incapable of deductive reasoning and cannot understand that $1500 NZD doesn’t = $1700 NZD. I have seen all kinds of heartless idiocy from these people over the last 12 years but this takes the cake!

  16. Had_Enough says:

    What I am saying is that the figure the CSA are asking for turns out to be significantly higher than the assessment on my most recent IRD CS statements. Both of these agencies talked to each other about this last week but they are still adamant that I should pay this higher figure. Surely in any court that would be considered fraudulent and asks a number of questions, for example who gets the extra $200???? $1700 NZD (actual figure I end up paying) doesn’t = $1500 (amount IRD CS want both verbally and on their statements) FFS!!!!

  17. Man X Norton says:

    $1700 or $1500 per month is considerably more than the benefit the NZ govt expects a grown adult to live on, so to call such amounts ‘child support’ is simply fraudulent.

  18. Had_Enough says:

    True, although I rounded it up slightly for the sake of round figures. My actual liability amount isn’t far below $1500 though. It gets particularly hilarious when you plug in 2 children currently living with me into the calculation. I was in that situation a few years ago and was allowed to pay about $100 per child per month less in child support to their mother who had 1 child in her custody. So the living allowance for the 2 kids in my custody was about $100 per child per month. 🙁 I despise IRD CS with a passion. I hope one day, in a far more enlightened time in the future, this IRD CS institution will be looked back on as the cruel, anti family, anti male, anti society, destructive heartless bastards that they are. Too late for me and my kids though.

  19. lancehnz says:

    I moved back from Melbourne to NZ to be in my 4 children’s life’s after my ex wife took my kids and left unexpectently after 13years of happy marriage.. I have been issued a protection order spent 5 months in prison and still have to pay 750 dollars nz a week based on a frauded payslip of what she says I was earning in Aus, They have me down as earning $160000 nz a year because my ex made that up. I just wish they could put me to sleep because life isn’t worth living like this.Im out of prision now and cant even work due to it being impossible to make a living I now have a criminal conviction and cant find work, and my wifes still declaring I can afford to pay that over exaggerated amount,I have put in for a review with IRD, which is just a game of ping pong.Theres no answers here except word the young blokes up about being very carefull about who they commit and have kids with.Woman will seek government departments on to you until you are homeless. I know…

  20. Allan Harvey says:

    Leave me some contact details on 0508 2255 323 (0508 Call Dad) and I will give you a call where we can discuss options. Allan

  21. Had_Enough says:

    Hey lancehnz sorry to hear about the bad situation you are in. I have found with IRD CS that they will take into account my current earnings and reduce my liability if I can give them enough evidence that my current income is significantly lower than in previous years. Download and fill out the following form mate: http://www.ird.govt.nz/forms-guides/number/forms-100-199/ir104-estimate-of-income-child-support-assessment-2016.html . Also, if you put in Australian (ATO) tax returns for the past few years you should be able to prove to them that the $160000 figure is wrong. You can do this online through their website https://www.ato.gov.au/Individuals/Lodging-your-tax-return/Lodge-online/ . I’ve lived in Australia for some time now and am paying Child Support so have some experience of this. Good luck mate.

  22. Bob007 says:

    Been waiting 18months for fc to sort out access running on temporary agreement made in june on court steps for every second weekend. Are they really snowed under or let it slide long enough someone will give up.ird talk about taxable income how about income from a private super?

  23. Ministry of Men's Affairs says:

    Here’s a case. This woman forged ‘paternity documents’ as part of her benefit fraud and the poor bastard she named had to get handwriting analysis done before he could convince IRD not to steal ‘liable parent contributions’ from his wages.

    We wonder what the ‘paternity documents’ were?

  24. Allan Harvey says:

    Almost certainly a birth certificate form.

  25. golfa says:

    #24. The victim noticed that “liable parent” contributions were coming out of his account yet the report sees fit to say that she defrauded the Inland Revenue Dept and Ministry of Social Development. Clearly, they view HIS money as THEIR money. Was he ever paid back ?

  26. Allan Harvey says:

    IRD do pay back Child Support where paternity is found to be false. Then it is you and I (taxpayers) who end up paying as they normally don’t claw it back from the receiving parent.

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