CSA Child Support Complaints Forum
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Anon
Dear Andrew,
Firstly, I want to thank you for your website and the incredible work you’ve done around child care reform. Your efforts in bringing clarity to these issues are truly appreciated.
I wanted to reach out for your perspective on my situation. I have two children, aged 14 and 17 (turning 18 in October and currently in Year 12). I have no nights of care and pay approximately $3,500 per month to the CSA in child support. My ex-wife has a declared income of $56,000 per year, which based on my calculations, results in an estimated monthly in-pocket income of approximately $9,319.80 (inc FTB A&B)
Despite this, I have recently discovered that she has been receiving assistance from various charities that have covered expenses such as school fees, uniforms, and other essential costs. Meanwhile, she has also taken the children on frequent overseas holidays.
I am happy to support my children financially, but this situation raises concerns for me. Either my ex-wife is taking advantage of the generosity of charities, or she is mismanaging the child support payments I provide. Given your experience, do you think it is even worth bringing this to the CSA’s attention to request that my payments be allocated directly to my children’s expenses (such as school fees and essentials) rather than being paid to her as cash?
I appreciate any insights you can offer.
Dr Andrew Lancaster
The money is hers to do with as she likes. If she’s exploiting charities, that’s good for the kids.
CSA won’t be interested because child support is a no-strings cash transfer.
It is possible to ensure certain needs are met from your contributions. You can get credit for prescribed non-agency expenses, like essential dental work or school fees, by paying providers directly and applying through CSA. But it’s an admin hassle and only covers up to 30% of your obligation.
lynda
Hi
Just wondering if you believe your x is hiding income through company and trusts, is it worth putting in an objections to Services Australia.
I cannot afford any ongoing further legal costs, but im being paid way under what the calculator suggests
any advice or suggestions would be great as im struggling financially
Dr Andrew Lancaster
Probably not worth objecting due to the time wastage and erosion of any goodwill that might exist between parents. What do you expect Services Australia to do? They’re not detectives. They also can’t compel parents to provide information without resorting to legal action. They rely heavily on ATO income data as well as any evidence parents supply.
John
Can you advise whether any monetary inheritance is classified as income for child support purposes?
Plus how long does CSA take to review rejection of assessments I put mine on 7 February 2025 no news yet and this in regards to my 18 year old child who is at a flexi scchool apparently
Dr Andrew Lancaster
No, inheritance isn’t counted as income for child support. It doesn’t form part of adjusted taxable income, which CSA uses for assessments. However, in rare cases, like a million-dollar inheritance, CSA can assess assets if a parent has significant wealth but little income on paper.
Heidi Hui-Petkov
Hi Andrew, Clare,
My ex husband has obligation to pay for 50% of my rent expense as per consent order for child support. I finally saved up to to purchase a property and he told me that he will stop paying since I’m not longer ‘renting’. Does having equity in a home relieve him from his obligation, whether or not I’m paying mortgage?
Dr Andrew Lancaster
I cannot provide strong advice as I haven’t seen the consent order. However, if the order states he must pay ‘rent’ and you’re no longer renting, it seems that he’s off the hook until you rent again. Rent and mortgage payments are very different. If the order only mentions rent, he has no obligation to contribute to your mortgage. CSA tends to ignore private agreements, but a court order should be fully binding.
Anon
Hi Andrew,
I’m hoping to get a bit more information, can’t find anything online and CSA only gives general answer ‘that they are doing their best and have to adhere to timeframes’ – which I totally understand and agree to, but wld like to know a bit more.
I’m currently owed $16,000, never received child support regularly, only when CSA found an employer. Then usually one payment, maybe two, or none – and then the source is lost, so he’s quit again. So he earns good money for a few months till they find him through the ATO. There were a few tax returns, the majority of payments come from there, current tax return still outstanding. No assets or anything in his bank account. He’s got a large amount in his super though.
I don’t think anything is going to change the current patters. I’m wondering if CSA can access his super at all and at what stage would that be the case? What steps need to be completed before that? And if there is still outstanding child support by the time he gets to retirement age, is it going to come out of his super then? We could really use the money now, but I’d like to know the ins and outs.
Thank you very much.
Dr Andrew Lancaster
Super is off-limits unless he withdraws it. When he does, the ATO and the Department of Human Services work together to detect withdrawals. The ATO shares data on super payments, and CSA can issue a Section 72A Notice to the super fund, requiring them to redirect part or all of the withdrawn amount toward unpaid child support before he gets it. This applies to lump sum withdrawals and, in some cases, regular pension payments.
Annon
Can you please advise how long does CSA take to review objection in paying child support for an 18 year old child. I put my objection in on 7 February 2025 but have not heard anything from csa.
Dr Andrew Lancaster
No – can’t say how long CSA will take. It’s only been 4 weeks. You could expect a response within 8 weeks as a rough guide.
Lucas
Hi Andrew,
I’m facing serious issues with Child Support (Services Australia) due to their non-objective approach in assessing financial responsibilities—even when clear objective evidence is provided several times, after several objections. Representatives have outright told me that because I earn a good salary, after their calculations, I should have “money left over” to give to my ex-partner—essentially treating child support as spouse maintenance, which is not how the system is supposed to work.
Key Issues:
1. My ex-partner and I still live under the same roof
(this arrangement was meant to support her while she completes her Master’s degree and re-incorporates to a professional job. As an immigrant, she has no family to live with, and her social network is minimal, which made this the best short-term solution). Yet, I cover 100% of all housing and living expenses, including mortgage payments, utilities/bills, cleaning, gardening and other maintenance costs. She contributes nothing to these costs.
2. I pay entirely for my child’s expenses, including food, school fees, extracurricular activities, entertainment, and housing expenses, as mentioned in point 1.
3. Despite caring for my child around 70% of the time, the assessment does not reflect my actual contribution or financial burden.
4. My ex-partner receives Child Support payments but uses them for her expenses rather than for our child’s needs.
This system seems rigid and unfair, failing to acknowledge real-life financial circumstances. I appreciate any insights on how the assessments are conducted, strategies for challenging unfair determinations, or legal avenues to pursue fairness.
Thanks in advance for your time and any advice you can share!
Dr Andrew Lancaster
Hi Lucas,
You’re clearly being exploited. You need to remove yourself from this situation ASAP, but very carefully. There are almost no rules on how child support is used. That’s up to the parents. Don’t expect Service Australia to be understanding.
The bigger issue is the risk of false allegations, which could easily be in the area of coercive control given the imbalance in financial power. If she ever spoke to a social worker or family lawyer, you could be in big trouble. Protection orders are handed out like lollies. One unsubstaniated complaint from her could see you forced out of your home by the police without warning, and contact with your child denied.
The priority is securing at least 50% of nights with your child before making any moves. Keep everything documented, such as financial contributions, caregiving responsibilities, and any interactions with her. Avoid disputes. Do not give her any opportunity to make claims against you.
Move quietly, be strategic, and protect yourself.
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.