CSA Child Support Complaints Forum
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Annon
Hi Andrew,
Have a question just got my assessment via email after my ex took that long after my child’s 18th Birthday (born on 5th January 2007) to enrol her into school. I found out from numerous sources my daughter goes to a Flexi School- the question is are Flexi Schools really full time educaiton?
Anyway, got talking to a family law legal aid solicitor the other day and she suggested that I don’t pay for any Child Maitenance for my child until I have physical evidence that my child is at school given she does go to a flexi school.
Do you think there is a way to get that physical evidence apart from a court order or FOI or even contacting the school directly (which they probably won’t provide because my name is not on my child’s enrollment form).
Also, I have done objecting of the assessment and if that is not to my satisfaction do I ask for an Administrative Review and when should it go further to the Adminstrative Tribunal.
Has anyone won with CSA in regards to that for example myself if I am not satisfied with the CSA evidence my ex has provided (because I cannot see it) that I don’t have to pay child support or is it a case CSA is very one sided.
Dr Andrew Lancaster
Hi,
You should tell Services Australia that your concern is whether your child is appropriately enrolled to complete Year 12 and obtain a recognised certificate, such as the QCE, VCE, or HSC depending on your state. Given the Flexi School enrolment, you believe this may be an attempt to manipulate the case to continue child support.
Make it clear that the onus is on the other parent to provide proof that your child is genuinely enrolled and has a reasonable chance of completing their studies. It’s not enough to show they’re attending—a proper enrolment should include subjects and pathways that lead to one of these recognised Year 12 qualifications.
You should insist that Services Australia confirm whether definitive evidence of appropriate enrolment has been provided. It would be inappropriate for Services Australia to extend a case when there are serious doubts about the legitimacy of the claim, especially when the other parent has the capacity to provide evidence that would allow a definitive decision to be made.
The solicitor’s advice to stop paying child support seems terrible in the circumstance. It’s not up to parents to withhold payments, and doing so could damage your credibility. Payments must be made even while the case is being reviewed.
If Services Australia can’t confirm proper enrolment (which doesn’t require them to pass on any details to you), let them know you will have no choice but to appeal any decision that requires continued payments.
Drew
Hi,
My ex partner is currently a full time sonographer on approximately $110k per year but has been “threatening” to quit work and live on savings. She has openly said that her calculations has shown my child support payments would be doubling to approximately $600 per week (She bases this upon my ongoing sustained income and hers of nothing.)
She has no illness or reason that I am aware of not to work and has just said she wants a complete break out of the workforce as a lifestyle choice. (For the last 5 years since seperation I have had children 2 nights a week in my care)
My question is if she was to contact CSA seeking an adjustment of her income could staff there actually apply an updated income of “zero” for her?
I have heard that in instances where the non-primary custodian (i.e.person making support payments) attempts to drastically reduce their income CSA applies some logic of “income potential” in the calculation.
So for instance I theoretically could also quit my full time job but still be required to pay child support at the current amount based upon my potential to earn $145,000 based upon last several years of income.
Do you think CSA would apply some degree of compromise and make an adjusted income figure (for example apply a figure of 50% her current income).
Just seems so unfair and contradictory that I would potentially be penalised if my income dropped by greater than 15% but she can drop her income to nothing.
Dr Andrew Lancaster
There is a mechanism to handle cases where parents openly reduce their income with intent to affect child support. You could apply for a Change of Assessment (Reason 8) and have your ex’s income maintained at its current level for, say, 2-3 years (however long the income determination is made for). You do have to apply and convince Services Australia about the intentions behind your ex quitting.
If you have sufficient evidence to use already for such an application, you could let your ex know of what would be likely to happen should she deliberatley lower her income.
Anon
Hi,
Thank you for the insightful responses provided on this forum.
My partner is required to pay child support for 2 children, and for the the past ten years. For various reasons tax returns were not submitted, and of course child support payments became based on an estimate of income based on the last tax return submitted. Circumstances of employment and salary earnt changed dramatically, resulting in a significantly lower salary than the estimated one. Actual payments became sporadic and a child support debt has accumulated. Financial support was still provided for the children in many ways.
Tax returns have now been submitted for all past years missed. Can or will the calculated child support amount be reassessed or adjusted based on the actual salary earnt?
Dr Andrew Lancaster
Not good news I’m afraid. In the child support system, the attitude is generally that the onus is on parents to inform Services Australia if their income is lower than the figure being used. I can’t really see them applying lower figures in the distant past for a parent who wasn’t submitting tax returns and wasn’t paying the required amounts. They will be inclined to stick with estimated income unless actual income was higher, in which case they will use that.
Andy
Hi Andrew, thanks for the forum,
my daughters just turned 18 they live with me 100% of the time and are going into full-time university study. I received no child support from other parent as she never worked. I also have 50% care of my som from a subsequent relationship. I need to provide for all my children so I made a Change of Assessment under reason 9 that I’m supporting my daughters and for the calculation to reflect this. Is there anything else i could be doing?
Dr Andrew Lancaster
Not much more you can do in terms of child support. Applying for Adult Child Maintenance through the Family Court is usually only an option in highly exceptional circumstances. It may help to check income thresholds for different government payments for yourself or your daughters if they are relevant. They should be able to work part-time without issues.
Dave
I am being completely screwed by the child support system due to a malicious actor. Her income was underreported by initially at lodgment by $24,000 per annum, and yet mine was honest and consistent. She denied my overnight care of the children unlawfully for 4 months and it cost me in the order of $20,000 to advocate for the children and I, to have access. When I began overnight care on the 4 January 2024, each report of my 60 days, then 84 days and finally 120 days overnight annual care was rejected over an 18month period and my care assessment still sits at 6%. I have provided calendars with the specific days of care, witness statements and a witness statutory declaration that the 2023, 2024, 2025 calendar records are true and correct, correspondence for my ex verifying the calendars, but services Australia rejects the evidence and wont change my child support. I nearly lost my apartment last month which would mean I would lose the care I have, because my $23,000 tax return was withheld for 3 months by the ATO, services Australia and Centrelink, so I couldn’t make the $2136 per month overinflated child support payments and cover my living expenses. The estimator says I should be paying in the order of $1200 per month with correct data. There is no accountability shown by services Australia for ghastly inconsiderate and frankly incompetent determinations over an 18month period. No one of my responsible witnesses, myself or the representative Authority I have been contacted to clarify or verify evidence of my case. My integrity is intact. I am an Ex Lieutenant in the Navy, who held a Top Secret clearance and served the country for a decade, I am now a Registered Paramedic who has served the community for 16 years, and I quite literally have served my spouse and kids for 10 years and I am treated and financially abused like a substandard citizen by the department and system. This is a disgraceful system. I need help.
Dr Andrew Lancaster
You need to narrow down the issues. Why has your evidence not been used? Is it something to do with lateness? I can’t really advise without clear information.
Mary Anne
Hi Andrew
This is a follow up to my other post you responded for on 1st on January. I can’t reply to your responses. This was my comment “My husband’s contract recently finished, we are contemplating contacting CS to let them know………..””
Thank you for the response. Following on to this relating the estimate.
How do you work out what you provide as estimate. For Simplicity, previous income was $100k and given he haven’t been working for a couple of weeks. He gets a job for the same amount $100k. His total Taxable income will most likely be ~$88k for 2024FY. Do you then let them know the income of $100k or the taxable income of $85k and the new amount rolls into 2025FY when he’s worked the full year.
Thank you for your help.
Dr Andrew Lancaster
CSA are weird when it comes to estimates. When you do an estimate, they don’t let you provide a figure for the whole year. They will lock in $100k from 1 July to now. Then they apply the new salary for the rest of the year. So, with 5 and a bit months to go, an estimate of $85k corresponds with an annual income of more like $93.25k ($100k for 6.6 months and $85k for 5.4 months).
So, you really need to go lower. $73k would do the job. You would end up with your annual estimate being very close to the final figure.
David
Hi Andrew,
Thanks for this forum.
I received a letter from CSA advising me my ex wants to extend my now 18 year old (who only turned 18 in January this year) because she is finishing of her secondary schooling. However, the letter was dated the 24th December 2024 and I only recieved the letter today (8 January 2025) and it says if I have any objections to lodge them by 7th January 2025. How can that be when I only recieved the letter today and it said if I don’t respond within 14 days of the letter they will proceed with my ex’s application to extend the Child Support. Can you advise what I can do in this circumstance. I am already drafting up a response to Child Support to point out certain things which would pertain to why I think she is not at school.
However, one other last quesiton if I have sizeable debt (over $4k) with child support because they wanted to me to pay back $29.94 per week plus also the monthly child support amount of $196 per month. The reason they have asked me to pay back $4k because when I worked part time and casually one year I incorrectly reported my estimate earnings it was over $20k over because. They didn’t understand that when I quit my part time work in November 2023 I become a casual employee for a company from November 2023. My lesson has been learned because when I was didn’t work for three and half a weeks in May 2024 I told them that and then oddly enough they estimated my income for the 2023/24 Financial Year to be $0. I didn’t say anything about this. However, if I do my tax return for 2023/24 it will show around $42k. Can I ask you what are the chances if I write to my local Federal MP and the Federal Famlies and Services Minister that the $4k debt can be waived or substantially reduced. Thanks for your help so far.
Dr Andrew Lancaster
They should be flexible with timing. Sending a time-urgent letter on Christmas Eve is a bit ridiculous. Forms are normally available to request an extension of time to respond.
Writing to a Minister won’t help with child support matters. It is an administrative issue, not policy.