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Colin
Hi Andrew,
I have just started a career change in my mid 50’s which will result in a 30% pay cut.
Given that my termination payout will include unused long service and annual leave, I am expecting my income for current financial year to increase by 20% overall. I understand this will result in paying additional child support for current financial year.
I understand I will need to put in the 30% lower wage estimate for the next financial year and that this should be done in early July .
Q1. Can this estimate be done in June for the following financial year or do I have to wait until after 1st July to submit?
Q2. Should I then delay submitting my tax return for the current financial year until end of October?
I did have the experience whereby I received a capital gain from the sale of a joint property during the separation process….submitted my tax return first of July and advised of the extraordinary payment once I had my tax assessment back a few weeks later (i.e once known). In the interim, CSA had immediately adjusted my payments as soon as my tax was submitted, didn’t advise me until 3 weeks later at which time I had submitted my change of assessment due to the extraordinary payment. This was accepted, but no back pay for the interim period that they charged me an extra $2000 for nothing. Hence, once bitten, twice shy…..and feel I should delay my tax return this time until after my CoA is completed.
Dr Andrew Lancaster
A1 – Why try to put your estimate in early rather than wait until 1 July or shortly after? Seems like a pointless risk. Maybe it could be done but I don’t see the value.
A2 – The timing of when you submit a tax return normally shouldn’t affect anything. They calculate things so the timing of submitting makes no difference in the long run. I’m unsure why you experienced a problem before and maybe it had something to do with submitting so early compared to others. Personally, I would just wait until you have the details for the past financial year finalised and then submit your tax return once, with no further complications.
John
My child turns 18 in January 2025. However, a friend of mine searched my child’s name on Instagram and showed me in shock and horror (even though my child failed year 3 due to low standards of numeracy and literacy) that there was a picture of my child with her friend captioned “Formal 2024” it was date stamped November 2024.
The question is if my ex doesn’t respond to Child Support by the 5th January 2025 (her 18th Birthday) that for some reason they have said in the letter I recieved there are exceptional circumstances for her being allowed to respond after the 5th January 2025 and what are those circumstances and would if need be Child Support Agency accept a screenshot of my child with that above photo? However, they said Belinda has to provide evidence from the school that my child would be attending and whether or not she is enrolled next year. And do you have to really pay Child Support if the child is in year 13?
Dr Andrew Lancaster
Your daughter would be finishing secondary education and enrolled in Year 12 here, so the fact that she repeated a year in primary school isn’t relevant. I doubt that the photo counts as evidence of anything either.
If the mother applies for an extension of child support after the 18th birthday, she wouldn’t be guaranteed success even if everything is in order, given it’s after the deadline defined by Services Australia. They would be the judge of what counts as exceptional circumstances for a late application. Maybe she’d have a good reason, but probably not. I’d expect her to get the application in ahead of time if she’s eligible and given Services Australia are alerting her to the opportunity.
James Bronner
Hi Andrew, really appreciate your wisdom here. I have a problem. Hope you can offer advice. I have 20% care of my child. ( was 2 children, but one turned 18 last February) Been paying child support for 13 years. No arrears… yet.
As with all fathers I support my children financially outside of the realms of CSA. I now realise this was stupid of me as CSA are not interested in taking into account these extra funds I supplied.
Im 61 now. I am at a precarious point in my life. My body is weak. I need to stop working soon, I just can’t do it anymore. I have no savings. still have a mortgage. ( I paid the house off once, but then I got divorced).
I recently changed jobs. Got a significant payout when I left. I am struggling to accept that the person who hates me most in the world is going to benefit significantly from my financial windfall, if only I could have waited 18 months until my daughter turns 18!
Whilst I have always adopted an honourable ethic towards child support. I now realise this has been to my detriment: I need to change my approach if I want to be able to afford to stay in Australia when I can no longer work.
Can you suggest the names of some child support savvy accountants who may be able to help me make good decisions to ensure some level of financial surety in the years ahead.
I already wasted $3500 on a financial planner who assured me he was child support friendly, but whose only recommendation (after I paid $3500) was to buy his commission based products.
Many thanks, James
Dr Andrew Lancaster
Hi James – Just put in an income estimate to Child Support via my.gov.au in early July. Wait until after the end of the financial year. Estimate your income for 2025-26. This will fully counter the effects of your inflated income in 2024-25.
Brad
Hi Andrew,
After a change in circumstance my son moved back Northern NSW to live with his ex step father (his mother & step dad separated back in Jan 2024), to pursue a career in the trades with him.
He had been living with me for a year prior to moving south again Jul 20th this year.
On the 23/7/24 I get a call from the csa as his mother initiated a case for child support. I explained that the child was not living with her he was at the step fathers house pursuing a trade apprenticeship.
The csa officer was good and said he would refer the case to the disputes department and a disputes officer would contact me.
I never received that call from any disputes officer.
Instead a call came from a young girl a month and a half later saying i had to have my evidence in by 5pm the following day. I eventually got my files sent in on time, the following Monday (15/10/24?) i received 9 mygov emails saying the dispute was now closed and a new assessment had been made. Further, her outstanding $500 debt to me had been taken off the new balance leaving with a $3600 as my very first payment.
I called the csa to ask why they had closed the dispute without so much as a conversation only to find out they didn’t look at my evidence and it appears they did everything they could to push it through to establish the ongoing debt point. I immediately filed my verbal objection and the case is still open as of today 29/11/24, as they emailed me yesterday regarding a mandatory garnishing my wages from today ($414.72 a week) after csa, food, rent & fuel it leaves me $16 to live on.
Remember, the case is still open under an objection, and they are garnishing my wages for a (first) payment arrears of less than 2 weeks.
They couldn’t tell me why garnishing my wages was mandatory for my first case payment and my first infraction, when she was behind in every payment for 12 months and when i asked her wages to be garnished they sent a letter back saying we have reviewed and decided not to contact her employer.
They told me today, that the objection has not even been looked at yet due to an 8,000 case backlog of objections. And that it will take months for them to get my objection looked at. So i will get to live on $16 a week until they get around to reviewing my case.
I also requested my audio records of phone calls with them since the initial call back on the 1/11/24 so I could start some sort of proceedings against them to close the case and get on with it. And again requested files of them on the 20/11/24, as well as twice today – from two different officers of the csa. The last one then said the only way I can get the records is by a written request, after a month of waiting and several conversations, they tell me nothing has happened with the conversation records request along with my original Objection from 2 months ago.
I am certain I am being forced into this, to cover up his mothers fraudulent application and the csa’s complicit and negligence involvement in pushing it through the disputes process without due diligence.
I had one csa lady tell when i asked how they can take money for an open dispute while the child lives in an hour away from the mother, and evidence provided – she said maybe the mother is getting it for emotional support. To which i responded under that ruling am I eligible for payments as well, she had the nerve to answer “maybe.”
The system is broken, failing and corrupted to the core. It is convoluted and complicated to allow this sort of poor performance to continue. It needs to be torn down and rebuilt using common sense.
The best solution I believe is a “set” cost for a single child, that can be extrapolated per additional child when required,. And the “set” amount could be indexed, to maintain relevance with current cost of living etc. moving forward.
For example, say $200/week as an easy figure – remember, child support is just that support, not a wage for the primary carer.
So that figure should be multiplied by the number of children in the case – then dived by 2. to reflect both parents financial responsibility to fund the child:
$200 per child a week
Divided by 2 (parents)
=$100 per parent per child
And if the balance of care is 100% to 0% then the primary carer is entitled to the other parents cost/payment or part thereof.
This would also be a mandatory payment that if left unpaid would accrue and be recovered at tax time, via wage garnishing or by any other means as it is done by currently.
By having a set figure it removes the system complexity that allows for the ability to manipulate your income to reduce your payments.
But it also caps payment limits at a reasonable amount, to protect those doing the right thing – the hard working Australians already being extorted by unrealistic payments under the current model.
This current model is not a fair system, we all scream for equality, yet an unemployed parent (payer) pays approximately $450 a year.
I ask why the csa can calculate my son monthly 100% care cost at $227 in July under my care, yet in August they found his monthly 100% care cost was now an inflated $1,100 now that I had to pay – even though the csa and his mother could not provide any evidence where he was living. I guess they should have looked at my evidence, the multiple txt msgs from my son letting me know he was looking for schools an 1 and a half hours from her home..
I tried to contact the Administrative Review Tribunal, but was quickly told they cant help unless a CSA Objection ruling has been made. So I cant even defend myself because of the csa’s poor performance and KPI failures.
Every step of the process, mistakes have been made by the csa, all in her favour. I myself have paid over $115,000 to date in child support for one child to her, prior to this instance.
I don’t think it is too much to ask that a matter be officially resolved prior to enabling fraudulent debt to be fabricated, yet alone government enforcement tactics and overreach by taking money from people employers. for unresolved and disputed case file.
I’m positive there isn’t a lending institution in the country that would give out a single dollar before checking and re-checking document accuracy before approving a loan – yet alone
transferring the funds.
My son’s mother has 4 kids to 3 different men, all of whom have paid her ,or are currently paying her, enormous amounts of child support. It seems like a very lucrative career choice these days – as long as you have breasts (.)v(.)
It is becoming apparent, that there is not even a requirement to provide proof that the actual child is in fact living with you, to be eligible for a csa government enforced payment these days – and enslave hard working fathers without any burden of real proof.
Thanks for reading, and good luck to all the parents out there suffering under this broken, corrupt and poorly managed system. The children, will undoubtedly, be the real victims from all of this.
We all deserve better from our elected and un-elected officials.
Dr Andrew Lancaster
It seems like CSA couldn’t get their heads around the idea that your son was living with his ex step father and this wasn’t in connection with his mother. Typically, CSA hand over money to one of the parents even when a 3rd party is involved. They may have casually assumed the mother was bearing financial responsibility via her ex.
The case should eventually work itself out. I’d keep things simple for the benefit of CSA. Treat it like a simple mistake that needs sorting out. A key point is that you are allowing the child to live elsewhere and he is to return to your care should the current arrangement fall through and he needs somewhere to live. The mother has 0% care and this has been the case since whatever date he moved in with you full-time. Remember, the CSA typically need to assign a care percentage split and there isn’t an easy way of doing so here.
Should you be seeking to end the case (independent child) or be assigned 100% care (because you are still financially responsible)? That is the question I have that you need to address in dealing with CSA.
Also – I agree with your idea that child support should basically be a fixed amount.
Sam
Hi Andrew,
My self and my ex are planning to send my daughter to a boarding school next year as we live remotely and this is the best option for her and it’s what she wants to do.
However as she will be living away from home am I correct in that I only then need to pay 50% of the school fees? Also can my ex then also turn around and claim CS on me while she is at boarding school?
Is it best practice to have a agreement in place to state that we will both pay 50/50 and not claim CS on either parent, and if so is there an agreement that can be made and signed by both parties to this extent that can actually overrule CS if my ex then decides to claim CS. She has said that she will pay the 50%, but I don’t trust her that she won’t try and have a crack at CS as well even though our daughter will be living away.
Dr Andrew Lancaster
Normally, private school fees are split 50/50. Parents can do this themselves. No formal agreement is necessary.
CSA will get involved if one parent applies for a Change of Assessment. They tend to go with 50/50 as well. Any indication of agreement by a parent will normally mean they’re liable as well, not just one parent. A casual email signalling agreement may be sufficient.
A written agreement may carry weight with CSA but no guarantees. You could use words to the effect that “I am only agreeing to this enrolment on the basis that liability for associated fees and expenses is to split in these proportions … Should this cost share not be adhered to, I withdraw consent and require the enrolment to be terminated at the end of term.” ChatGPT could write something good given the right instructions.
I can’t comment in further detail because you’ve omitted a significant piece of info: the custody arrangements. If one parent has the vast majority of care, they should normally be covering most of the costs for boarding school.
BC
Hi Andrew,
Five years of inequality, and the participation in a system which seems to favour deception and dishonesty, has left me unwilling to engage due to conflicting and unhelpful information. I’m hoping you can help me understand the outcome of a hypothetical proposition.
My current assessed income as a payer is an estimate by CSA as I have not completed a tax return this FY. If after the child support case has closed (Dec ’25), I submit a tax return that reflects a different income to the estimate, will the changes to my obligations be retrospectively reconciled? For example, if it transpires that my taxable income was lower than the estimate, would I be entitled to a refund from the payee for the over payment? Conversely, if my taxable income proves to be higher, will I be expected to pay the difference? Are either of these scenarios treated differently?
Thanks for your advice to all via this forum.
Dr Andrew Lancaster
Here’s how it works:
(1) Normally, your income for child support purposes is your income in the previous financial year.
(2) That figure will typically be used until you do a tax return. Say, you submit your 2023-24 tax return to the ATO in early October and they process this on 31 October. CSA will calculate how much you should have paid from 1 July to 31 October 2024 based on your income for 2023-24. They will calculate a bill or refund depending on whether your income in 2023-24 turned out to be higher or lower than 2022-23. This means the timing of doing your tax has no impact normally on how much gets paid.
(3) If you submit an income estimate for the current year, that will be applied immediately. They will ultimately use the higher of your estimate and the income in the current financial year. So, don’t estimate unless you genuinely believe your income has dropped.
(4) If CSA do a Change of Assessment (COA) after an application by a parent, they will lock in a certain income level for a fixed period of time. This can only be changed through the COA process.
Hope this answers your question. If this is a normal case, then yes, your obligations will be reconciled up or down depending on how your income has changed.
Jack
Hi Andrew,
Looking for some advice on the best approach here. I’ve lodged my actual taxable income with the CSA, but they’ve disregarded it and instead used an arbitrary figure that’s well above my reported income. I’ve filed a formal objection, emphasising procedural fairness and the inaccuracy of their assessment, but I’m wondering what else I should consider to ensure they revert to using my actual income. I worked on a contract basis over the last 12 months and reality work was slow (as in non existant) – I updated estimates throughout the year as needed. Once my taxable income was lodged I was comfortable this was reasonable. Notably I wasnt informed of the COA -Special Circumstances being undertaken and not given the opportunity respond. From the decision it appears that earning capacity is being used to set my income well above a level that I have ever earnt based it appears on transferring savings into my daily account and I sold some gold
What compounds the issue is that this fictional income has then been fixed until my daughter is 18.
Since loding my tax return I have had to take on a salaried role (around 1 month ago) etc to put food on the table and keep a roof over our head and accept that contracting / consulting was a little too uncertain.
My actual reality has been between March and October I have had around 6 weeks consulting assignment.
This is vastly different from what the CSA purports my income to be.
Regards
Jack
Dr Andrew Lancaster
Hi Jack,
So a Change of Assessment (COA) decision has been made that locks your income in at an inflated level until the case ends when your daughter turns 18.
I don’t understand how they could make this decision without informing you or inviting you to provide evidence. But I wouldn’t get too caught up on the idea of procedural fairness at this stage. Having filed on objection, CSA is required to review the decision internally. They can easily correct any mistakes now.
All you can do is help them arrive at a better decision. Evidence rather than argument is what normally works. Provide any evidence you have to show that (a) your income is uncertain for reasons beyond your control and (b) a realistic estimate of your income is a lower figure. You want them to not lock in your income at a high level. Provide your own income estimate for any period you feel confident providing estimates about. Give upper and lower bounds as well. Make it clear that you’d prefer your assessment to be reconciled based on what you ultimately manage to earn, noting that you are trying to maximise your income.
Jake
Hi Andrew,
Just a quick probably dumb question.
I currently pay roughly 1100 a month in child support for my 3 boys. My ex has allegedly started working again as a school teacher – My understanding is that she doesn’t have to inform CSA and it will catch up at tax time… i guess my question is – What happens at this point if she quits and claims $0 as her income for 25/26? This is likely as she has done something similar previously. i.e. started working after financial year, then quits just prior and estimates $0 for the next year?
Is there anything I can do about this behaviour?
Dr Andrew Lancaster
Hi Jake, Not a dumb question at all, and I’m here to help people navigate the system.
Your ex has been exploiting a loophole. Child support is normally based on income for the prior financial year. However, a parent can over-ride this when income drops by putting in a curent estimate. It’s possible to completely skip a year of high income in child support calculations.
The remedy is to apply for a Change of Assessment (Reason 8 – earning capacity), which contains a mechanism to stop parents shifting to a lower income with at least partial intent to affect child support. Both parents are able to submit evidence to enable CSA to make a determination.
Terrance
Hi Andrew, here’s a curly question for you. As I’m just about to turn 60, I’ve been looking into using a transition to retirement strategy combined with salary sacrificing to boost my pretty crap super balance, but I’m worried the CSA’s way of doing things might negate most of the tax planning benefit, or indeed I might be penalised for my efforts.
I understand the CSA simply adds back any salary sacrifice amounts to your adjusted taxable income so payers can’t game the system by reducing their liability. That’s fair enough.
But I can’t find any info on how CSA regards pension payments from a transition to retirement account – I believe these pension payments are tax-free as far as the ATO is concerned.
The Child Support (Assessment) Act gives a detailed list of tax-free pensions that they will include in your ATI. Transition to retirement pensions are not on that list (they’re not mentioned anywhere in the act), so you’d assume they’re not counted.
It appears that if I salary sacrifice, say, 10K of my salary to a super accumulation account while drawing a 10K pension per year from a transition to retirement account, the CSA shouldn’t double-dip by adding back both the salary-sacrificed 10K AND the 10K TTR drawdown, effectively inflating my income by 10K.
But of course it’s never safe to assume anything, so I was wondering if you or anyone else on this forum had heard of any issues around retirement planning.
And thanks again for hosting this forum – it really helps me understand this crazy system.
Dr Andrew Lancaster
I’m confident that a transition to retirement pension accessed after age 60 cannot be included in your adjusted income for child support. The pension payments are equivalent to drawing down your super in retirement. Therefore, the payments cannot be counted as income.
It is difficult to imagine how CSA could justify adding the payments to your income. A dodgy assessment could potentially happen if the other parent applied for a Change of Assessment, but even that would be overturned if reviewed in my view. The clear distinction between salary sacrifice and super drawdowns, especially post-60, should protect you from any misinterpretation.
FustratedFather
Firstly, thank you for the work you do campaigning for equality and fairness within the child support system. I have been a part of the system for the last 9 years and could speak for days about how broken it is.
Scenario:
I have 50/50 shared care of my two children (13 and 16 yrs). I have a slightly above ‘average’ paying full-time job and have always paid child support. The children’s mother would have a similar earning capacity but has always chosen to work part time work and/or pursue ‘study’. As such my child support has always been inflated (something I’ve just had to accept thanks to the unfairness of child support). I have re-married and been with my partner for 7 years. We both work hard full time are not frivolous. Our money goes into our mortgage/house which is a huge investment in our family’s future. The children’s mother has also re-partnered (de-facto) and they live very differently, always on holiday (never takes the children) and always seem to have the latest gadget. It’s a tough scenario to stomach but we try to focus on ourselves and get on with it and we know our decisions are sensible.
My wife and I would like to try for our own children. Like most couples we are assessing our financial situation with respect to maternity/paternity leave. As it stands with the amount of child support I pay, I cannot financially support my wife while she works part time. Therefore, my wife will need to go back to work full time after her government maternity leave finishes. It is shocking that I financially support the teenager’s mother (while she chooses to work part time with independent children) but then can’t support my wife who would like to work part time until our child is 12 months old.
As always, we have spent hours reading the fine print of the child support guidelines. While we won’t hold our breath, we think our only possible avenue would be applying for a change of assessment citing ‘Reason 9 – Duty to maintain another person/spouse’. The guidelines state that to meet the Reason 9 criteria, it is not enough that my wife would be staying home to care for our child. In addition, there needs to be a ‘special circumstance’. Our thinking is that surely my wife having a baby constitutes a ‘special circumstance’ for at least a short period of time pre/post birth. To be clear I am not shirking my responsibilities to my teenage children, I already go above and beyond. I just want some fairness for my evolving family and to give my wife the same opportunities that the teenage children’s mother has been afforded all these years.
Questions:
– Have you ever heard of someone in a similar position to us? Applying for a change of assessment to a child support assessment citing reason 9, so they can support their wife pre/post birth?
– Can you generally shed any further light on the above? Any insight would be much appreciated.
Dr Andrew Lancaster
No chance in my view and I haven’t heard of this approach before.
From an administrator’s viewpoint, your wife would just be having a baby. This is unexceptional and there are employer and government provisions to support families at this time. Reason 9 is for things like caring for someone with a disability.
Also, your tough financial circumstances are partly due to a decision to invest in property, which is what you’re doing when you have a mortgage. You don’t have to buy property.
As I mentioned recently, child support makes home ownership hard for many payers. I’d also add that finances shouldn’t get in the way of having children as some things are more important than money. There’s always a way, but just not child support relief in this case.
Jack
Notice Pursant to s160
I have noticed that letters seem to be coming with a Notice Pursant to s160 recently which refers to providing info / changes and comes with the accompanying threat of 6months jail
Any thoughts on why these notices are being attached to letters and are other getting them
Dr Andrew Lancaster
Hi Jack,
These notices follow recent legislative changes. They are probably being issued quite routinely as part of a Labor-led initiative to increase compliance and collect outstanding child support debts.
The Social Services Legislation Amendment (Child Support Measures) Bill 2023 has expanded collection powers, like stricter wage withholding and tightening up on parents trying to avoid payments.
https://www.youtube.com/watch?v=PWJtQ9WLyuA [Warning: Contains derogatory remarks against men]
The “Notice Pursuant to s160 under the Child Support (Assessment) Act 1989” gives the Child Support Agency the power to demand information related to changes in circumstances, like income or living situation.
I personally wouldn’t take their threats too seriously. As long as you’re not doing something that would inspire them to take expensive legal action (like hiding vast wealth while racking up debts), you should generally be OK. Even a token effort to cooperate would probably deter them from proceeding in most circumstances.
Anon
Hi,
I’ve recently been messaging you on the complaints forum, about children turning 18 in Jan of their year 12 year. You had actually advised in your previous responses, that the child was 18 (an adult) and choosing to continue schooling and therefore would be ineligible. And was more asking if you had any info about how this had changed. I think at the time this advice was correct, because I had been talking someone in a Facebook online forum. Who has said this has only recently changed because a judged deemed it inappropriate. But if the student turns 18 in the December of year 11, they are still ineligible. I hope this makes sense. I didn’t mean to call you out for being incorrrect, I think you were correct at it recently changed, maybe in November 2023?
Dr Andrew Lancaster
OK. Maybe it did change then and I was giving the correct advice all along. The legislation is sometimes ambiguous and CSA tend to make things up. Then a court proceeding can establish clarity and force Services Australia to change the guidelines.
It is easier to interpret the rules and guidelines when they make sense mathematically. As I mentioned, in this case, they don’t. The legislative drafters got fixated on the idea of “the year in which a child turns 18” instead of just applying the same rules for everyone.
See below from Anon
Apologies, I couldn’t work out how to reply to my message below re: turning 18 in Jan.
Can you please let me know if/how this has changed? Because I have previously been advised (on here actually) that if the child turns 18 before the start of term 1 of their year 12 school year, then they are not eligible to apply to extend child support to the end of the school year.
Dr Andrew Lancaster
Thanks for getting back to me. No, it hasn’t changed. Here is the exact provision: “If a child turns 18 during a year in which the child is in full – time secondary education, a carer entitled to child support for the child may apply for an administrative assessment, or a child support agreement, in relation to the child to continue in force until the last day of the secondary school year in which the child turns 18.” – CHILD SUPPORT (ASSESSMENT) ACT 1989 – SECT 151B
I found the advice you mentioned on this site and corrected it. I had a throw-away line at the end of an answer about a child turning 18 in early January and then starting Year 12 and theoretically being ineligible for an extension. That was inaccurate. Have made very few mistakes in this forum but that was one. The info I’ve given you today is correct and has been cross-checked.
The rules don’t make sense anyway since why do students who turn 18 towards the end of Year 11 miss out altogether whereas a 1 Jan birthday extends support by almost a year? They should simply make it that any adult child in secondary education remains supported until either school ends or they turn 19.
Anon
Hi,
My child turns 18 in early Jan 2025 and will be commencing their final year of school in 2025. I have just received a letter stating that an application to have child support extended until the end of school 2025 has been approved. Is the correct? My understanding was that it only applied if the student turned 18 after they had started their final year of schooling.
Dr Andrew Lancaster
It is correct. Since your child will be 17 at the beginning of next year, child support can be extended until the end of the school year in December 2025. In this case, the provision applies because 2025 is the year when your child turns 18.
The fact that they turned 18 between school years is irrelevant, as your child is considered continuously enrolled in secondary education.
The emphasis on “school year” in the guidelines is likely there to highlight that child support stops when classes finish. It’s not about when the school year starts as such.
Effectively, the start of the school year is 1 January, and the end is whenever he or she is no longer enrolled for 2025. Obviously, you were unlucky in terms of timing since you’ll be paying child support until they’re nearly 19.
KD
Hi Andrew,
I am the biological father of an 8 year old boy lets call him James. James lives with his Mum (Ruth) and his “Father” (Bob)
Ruth and Bob are still married, and have been for over 11 years. Ruth now has a second child. They own their own home.
Common sense tells me that if I were to turn up to their house and say: “Hi James, come live with me” that wouldn’t be allowed to happen, because James thinks Bob is his dad.
Same logic is that if Bob and Ruth ever divorce, they’d share the custody of James, because James has only ever known Bob and Ruth.
My question is: “why am I paying child support?” Do I have a legal leg to stand on if I wish to contest this?
Thank you, and nice website update.
Dr Andrew Lancaster
Hi KD,
The short answer is no chance. The child support system is designed to ensure biological fathers pay.
Child support is oriented towards the parents, so you can’t avoid it without legal adoption or dissolution of parental responsibility. Neither seems remotely possible in your case unless there are extraordinary circumstances you haven’t mentioned.
If Ruth and Bob separated, Bob would only realistically share custody by mutual agreement. As a non-biological father, he would be treated as a third-class citizen in Family Court.
Kelly
Hi Andrew,
What are the chances CSA would start litigation in an attempt to recover a large debt?
Payer was issued a departure order 18 months ago.
Payer has no reported income and all assets held in partners name.
In CSA’s words “Payer is too squeaky clean”
Dr Andrew Lancaster
Who knows exactly what motivates the CSA, but they don’t often go to court on behalf of parents as far as I’m aware. However, they seem willing to waste money defending themselves and their flawed scheme when required.
In this case, it isn’t clear that the payer has income or assets that can be easily accessed, which suggests the Child Support Registrar would be unlikely to take action. They would bear significant legal costs before even reaching discovery, where the party is required to disclose financial information.
If you wouldn’t consider starting legal action yourself, it’s also unlikely that the CSA would.
A point of reassurance in these circumstances is that the debt won’t disappear until it’s paid.
Paul
Hello Andrew,
My last years assessment is being reconciled since the lodgement of my tax return.
The updated assessment provided has only included investment property losses as income and not included the dividend earnings and capital gain as income.
Should dividends and capital gains be included as income to offset losses?
Dr Andrew Lancaster
I take it from your question that Services Australia has effectively increased your adjusted income by excluding investment property net losses while keeping capital gains and dividends. This may seem inconsistent and results in an inflated income for child support purposes.
Unfortunately for you, this is the correct application of the law. The rules are designed to prevent people from using investment property as a vehicle to reduce their child support obligations. That’s why net gains count as income, but net losses don’t.
Dividends are treated as regular income, so they aren’t relevant to property matters. Capital gains are separate, and any capital gains can only be offset by capital losses, not property losses.
Paul
Hello Andrew,
Does the system treat income estimates and tax returns differently for backdating assessments?
Just had the previous year’s child support assessment updated as the tax return showed higher income than the estimate for that period.
The other party also had much higher income on their tax return for the same period but this did not trigger any update to the previous child support assessment.
Dr Andrew Lancaster
Yes, there is a difference when you put in an income estimate.
Without any estimates, your income for child support purposes just rolls on from year to year. CSA uses taxable income from the previous financial year. Income applies with a one-year lag in effect.
After you put in an estimate, they will forget about the previous year’s taxable income and use the estimate. But, if your income turns out to be higher, they will use that figure (which was current income rather than previous income at the time payments were made). This means the same income may be used for 2 years in a row.
Two significant lessons come out of this: (1) Don’t put in an income estimate unless you genuinely believe your income in the current financial year will be lower than the previous year and (2) A one-off high-income year can be taken out of calculations altogether by putting in an estimate (preferably on 1 July) after that year ends (you skip a year since putting in an estimate means you switch to current income rather than using previous income).
Income estimates are useful but need to be applied carefully. Think before acting.
Anonymous
My ex wife and I have recently submitted our tax returns which in my view are pretty accurate. A few weeks later she has submitted an estimate for 2024/25 financial year which is approximately 30% less than her recorded taxable income for 2023/24.
Subsequently my child support has increased substantially. Can she do this and what mechanisms do I have to contest this?
Dr Andrew Lancaster
Yes, she can do it. Any parent can put in an income estimate for the current year if they expect a significant (>15%) drop in income from the previous year.
Parents are meant to have a legit reason and provide evidence if needed. However, CSA don’t check too hard since, if taxable income turns out to be higher than the estimate, they will use actual income as the final figure and make the parent pay back the appropriate amount.
It’s not your job to police the other parent’s income. However, you can apply for a Change of Assessment (Reason 8 – Earning Capacity) if there is reason to believe the other parent is manipulating their income to improve their child support position. This is a significant process from an admin point of view and not worth doing unless there are strong prospects of success.
Rachel
Hi, my daughter is due to turn 18 in January 2025. My ex has not lodged a tax return for coming up to three years now. He recently contacted child support to give them a complete false income meaning I get $18 a fortnight.
My question is, if he doesn’t submit his tax return until after February 2025 once she has already turned 18 and he has earned a substantial amount more, will he have to pay back backdated child support, even though the child support has already ended.
Dr Andrew Lancaster
Yes Rachel – He won’t escape paying by delaying tax returns until after your daughter has turned 18. CSA may end the liability for child support but later amend a previous liability in light of new information about past income. They also continue to chase up any debts after the case “ends.”
Although it’s not expressed particularly clearly, this information is shown towards the bottom of the page in this part of the Child Support Guide: https://guides.dss.gov.au/child-support-guide/5/6/1
Roustam
Hi,
I am a recipient of child support and having 100% care of the children. The latest assessment was calculated for their mother to pay some symbolic amount, which is not even worth dealing with, it causes more pain than gain. I asked CSA to remove my account and all my personal information from their system, I do not want to engage their services anymore. They said they are not aware if they can do that and hang up the phone. What are my options? How can I make sure I don’t hear from this useless organisation ever again?
Thanks.
Andrew Lancaster (admin)
There’s a form you can use to end the assessment: https://www.servicesaustralia.gov.au/cs1671
Child support usually runs in the background and doesn’t need admin from you. The amount could increase if her income rises (which I gather you’re not expecting).
You could also choose “private collect,” where they issue assessments but don’t check if payments are made or received. This will reduce the amount of correspondence received.
Not collecting child support when you’re eligible might cause issues with receiving Family Tax Benefit Part A.
Anon
Sorry. I hope I have posted this correctly.
Hi. I currently pay child support. I am very stressed out and my mental health is affected by my current full time job. I am looking at taking paid leave at a half rate for 6 months next year and then looking at working from home and doing part time work.
I need a break or career change from my job. It’s killing me.
What happens to the child support that I pay?
Does it get reduced after informing Child Support Australia of my reduction in income (50% for 6 months, then part time work after that)?
Am I still required to pay the same amount of child support, even with a reduced income?
I’ve read that I could still be forced to pay the same rate with reason 8a with the Change of Assessment.
Thanks in advance.
Andrew Lancaster (admin)
I’ve kind of answered this in the previous response but will use different words as these arrangements can be hard to take in.
When you reduce income, you should pay less child support. I would suggest putting in an income estimate online ASAP. You want the estimate of overall income for the current financial year to be about (on or slightly lower) than what it will turn out to be. This may require you claim very low income for the remainder of the financial year due to CSA’s strange calculation method.
Changing work arrangements that results in less income leaves yourself open to an application by the other parent for a Change of Assessment (Reason 8 – Earning Capacity) that can result in your income effectively being fixed at a high level for a few years. There is a review process where you will have the opportunity to submit evidence.
In your case, I wouldn’t flag that you intend any changes to be permanent. Claiming a mental health issue is a weak argument without evidence from a psychologist or from elsewhere. Try and connect any changes to the welfare of your children if possible.
WreckedFather
Hi,
Two years ago, I finalized a financial settlement with my ex, and we agreed on a shared custody arrangement of 45%/55%. I refinanced my mortgage to buy out her share of the property before interest rates began to rise, incurring $21,000 in legal fees. Additionally, I pay $500 per month in child support. My ex is underemployed, and her mother, who works cash jobs, supports her while they live in a rental property. Meanwhile, I’m facing the possibility of losing my home due to financial strain, while she travels to Europe with our three children.
One of my sons has been accepted into a selective out-of-area school next year, and I will need to transport him to and from school. I also cover sports and school fees, which amount to thousands of dollars. After selling the property, I plan to reduce my working hours to better care for my children, manage my health, and ensure I can handle school and sports commitments. I’m experiencing severe mental distress and am concerned that reducing my income might negatively impact me with Child Support Services.
Any advice would be greatly appreciated.
Andrew Lancaster (admin)
They can only take action against you for reducing income if your ex applies for a Change of Assessment (Reason 8). Even then, they need to establish that, on the balance of probabilities, you were motivated, at least in part, to affect child support payments.
They will struggle to have your income restored to its highest level if there is no record of you being unhappy with paying child support. It will also strengthen your case if there is evidence of justifiable reasons for changing your working arrangements (e.g. correspondence with HR explaining that you need time off for transporting the kids).
Remember that child support in any given year is based on your income in the previous financial year unless you put in an income estimate for the current year. They have a very strange calculation method that tries to lock in high income between 1 July and the time of putting in the estimate. This can be handled by putting in a lower estimate for the remainder of the financial year to compensate.
C
Hello,
Can child support receive information from the ATO, other than your tax return taxable income?
Thank you
Andrew Lancaster (admin)
Yes – CSA receive more info than just taxable income info from the ATO. For example, they will add salary sacrifice contributions to super back on to a parent’s income when calculating adjusted taxable income.
However, CSA would not normally be very interested in all the details of a parent’s tax return. Final income is the main factor in their calculations. They aren’t forensic accountants, just paper-pushers.
Tony
Hi Andrew,
I have 50:50 shared care of my kids. I separated less than 3 years ago and last year and this year have been applying for a reduction of post separation income after taking a job with a substantially higher salary. This has helped keep me afloat amid a massive rise to the mortgage ($1,800 to $3,100 per month – partly due to the rate rises but also having to refinance the home to pay out settlement to my ex)
However, I have just received an updated child support estimate following completion of my tax return and although my ex has still to complete her return, I note that an absurdly low estimate has been reported to the CSA (23% of last years gross income)
We do have to spend a quite a bit of time with one of our sons who have autism as he is only attending school part time at the moment. However I have to deal with this by working late, weekends and just getting work in when I can in order to make ends meet.
As a result (before post separation income approval) support has jumped from $350 per month to over $1,000 per month for 2024/25. This could change when her tax return is submitted but I see no reason to submit such a low estimate if actual income will be a lot higher. Even if the post separation income helps soften the blow, next year I will not be eligible and unless things substantially change with cost of living, the level of child support with the mortgage and other high expenses (sharing cost of private school which is only option for our son with Autism), it will become crippling.
Setting aside the unfairness of the actual assessment for differential incomes and 50:50 care, my ex receives other income from Centrelink which I don’t believe is reflected in the assessment, as well as other benefits – school card for reduced school fees and childcare subsidy, so many of the higher ticket costs associated with the kids are not actually attributed 50:50. In terms of accommodation, she has purchased a house which I believe is shared financially with a direct family member who resides with her and hence sharing rates, utilities etc.
$1,000 a month is far more than we ever spent on the kids when together and while I look like I have a decent salary on paper and CSA adopt the approach, the more the combined income increases, the more the cost of a child increases, in reality, it’s all just backfilling the rising living costs, namely the mortgage.
Is there likely to be any avenue for relief as it sounds like change of assessments are relatively futile for payers?
I’m not trying to avoid child support this level of child support for 50:50 care will be financially unsustainable.
Andrew Lancaster (admin)
An application for a change of assessment may succeed if you can demonstrate your ex has reduced her income with at least partial intent of increasing the child support payments she receives. Why has her income dropped? If she can’t justify her move to earn less, there may be a chance. You could show all the financial gains she achieves by working less. Though, she might argue it has something to do with the challenge of parenting an autistic child.
I can’t see other avenues beyond the higher income relief you already applied for (which should be approved). The system isn’t designed to account for someone having a large mortgage. It is a choice to want to pay off a property. Parents often give up on home ownership post divorce.
It is not up to you to get involved in her finances beyond this option of pointing out that she may have reduced her income on purpose. Read the documentation for Change of Assessment (Reason 8) before deciding whether to apply. The criteria are quite clear and must be followed by decision-makers, though they do have some discretion to determine a person’s motivations.
K&M
Hi!
Me and my ex partner have a verbal child support payment agreement which is pretty low. I just calculated that I would have to pay nearly $300 per week for my daughter who I can only have 6 nights per month due to starting work at midnight. I also have a wife and a son with her. If we were to pay $300 per week, then we wouldn’t even have the same amount divided by the rest of us for the week to spend. How are we supposed to pay that and have equal living conditions for my son and my daughter in different households. My daughter mother has an income and her partner has an income, in our house there is only one income. I don’t understand how this could be a fair agreement. I want to have an official and right arrangement so I would have a say in anything. She keeps that low amount over my head so I can not talk back when my daughter has told lies about us, or she needs to be diciplined for lying, stealing or bullying. I literally let her get away with things and my wife and son suffer because if she refused to come here or made things up, my ex wife would be furious and she already once threatened to , i quote, “i will fucking take you for everything”. Please some advice, it is hurting my marriage. The funny thing is, I should be the bitter one and the one with something to say, as she had the wondering eyes. This system needs a reset.
Andrew Lancaster (admin)
Some ideas that may help. It is a tricky situation and you want to keep things quiet and smooth. Set boundaries and have consistent behaviours.
(1) Visit schedules are never up for a child to change without the agreement of both parents. Explain this to your daughter during a calm period. You don’t know what will happen in the future but everyone needs regular visits for stability.
(2) Every visit includes a warm greeting, a warm goodbye, a well-stocked pantry and fridge, and a quality conversation.
(3) Minimise conflict with your ex. You don’t have control over each other. Take a light and strategic approach to communication. Minimise how much of your parenting involves the other parent. With few visits each month, you can’t be a disciplinarian. You need to talk through issues as a mentor.
(4) Spend generously on your daughter in a way that is obvious to your ex. Give first rather than having a larger amount extracted.
You’re in a weak position because of the lack of time you spend with your daughter. The priority should be to increase visits when possible.
Aaron
Hi, I’m trying to understand what the salary cap is.
On your website you have a quote (copied below) defining what the cap is and attributed to “Law Handbook”. Can you provide link to said law handbook?
On the DSS site it has a table in section 2.4.2 that says Costs of the Children Table 2024, Costs of Children do not increase above this cap, 2024 Income over $213,473.
Yet i can’t find anywhere where the “Cap” is defined clearly. Do you have anything public links I can read to understand this?
https://guides.dss.gov.au/child-support-guide/2/4/2
Quote:
“The maximum child support payable is also known as the “cap”. The maximum child support is applied to the combined income of both parents up to 2.5 times the annual equivalent of all Male Total Average Weekly Earnings (MTAWE) and calculated using the Costs of Children Table.
~ Law Handbook “
Andrew Lancaster (admin)
Hi Aaron – The assumed costs of children reaches a limit, which you can see from the costs of children table. Extra combined income beyond a point doesn’t affect payments. Payments max out when the Parents’ combined child support income reaches 2.5 x MTAWE, which currently works out to $213,473. Remember, combined income is the parents combined taxable incomes, plus any adjustments (e.g. voluntary super added), less their self-support amounts.
You still get case-by-case variations, such as payments going up with more children, less care by the payer, or a higher income share for the payer.
There isn’t a clearly defined “cap” as such, just limits on the extent to which income can increase assumed child support costs. I quoted the old Law Handbook just to get words from another source. All the information is plainly presented by the Govt.
Peter
Hi Andrew,
I have been paying child support for more than 10 years now. In 2023/24 I did some overtime which increased my taxable income. I did the overtime as I desperately needed extra money to pay additional mortgage repayments when my mortgage fixed interest rate expired. Can I apply to Services Australia not to include the additional income from overtime in calculating the child support amount I pay?
For the new financial year, there is no guarantee if my employer will offer me to do overtime. What is the pros and cons of doing overtime in relation to child support liabilities?
Andrew Lancaster (admin)
Doing overtime need not increase your child support payments if it happens in one year and not the next. But it requires you to submit an income estimate.
It’s 2024/25 now, meaning child support will normally be based on your 2023/24 income. However, you can submit an estimate of your 2024/25 income now, and that will be used instead. As long as your final income for 2024/25 is below your income in 2023/24, you won’t pay for the extra income earned.
JH
Hi Andrew,
I must start by saying the CS system is all wrong and the only one who usually ends up benefitting is the recipient of the payment.
The amount of CS is astronomical. I am just starting to pay CS for my son who is in his final year of school (yr 12) finishes in October 2024, he turns 18 mid 2025. Is it worth putting in an income estimate in to CS 15% lower than what my income is currently or will CS chase up any under payments at the end of this financial year 24/25 when my tax is submitted next year, even though I will only be paying CS until mid Jun 25.
You input is appreciated.
Andrew Lancaster (admin)
It’s only worth putting in an income estimate if your income is actually going to be lower than in the previous financial year. They will compare your actual taxable income with the estimate you put in, and use the higher figure to calculate back payments.
Alex
Hi Andrew,
I have moved interstate, and my Ex has just lodged a claim for Child support. I am not opposed to meeting fair and equitable costs. In fact, I’m happy to pay what is needed to raise the kids. We have custody orders stating that I am entitled to 50% access and care. She has currently refused to even speak with me and has given me 6 weeks access total for the year. Also insisting that I pay for all travel cost and these dates must meet her demands.
I am currently seeking mediation and this process is just beginning. Hopefully she will accept, and we might be able to negotiate.
However, I am curious that given my court orders state I am entitled to 50% access if this should be taken into account with the claim, particularly with her refusal to providing the amount of access I want?
Andrew Lancaster (admin)
Child support assessments only account for the actual amount of care. Hence, the court papers on custody carry no weight in this case.
I’m not surprised your ex is refusing to speak with you given you’ve effectively abandoned having close contact with your kids by moving interstate. 6 weeks seems more than reasonable given they’re presumably attending school. How could more than 6 weeks be achieved without you monopolising all their holidays? You may need to travel back often to get more than this.
If you spend a large amount on facilitating visits (more than 5% of your income), you could effectively funnel child support payments towards this. Details here: https://www.servicesaustralia.gov.au/changing-your-child-support-assessment-special-circumstances?context=21911
From the tone of your question, I’m not sure that you fully grasp the magnitude of moving interstate in terms of the impact on your kids. They will be affected by this forever. Kids need to know they are wanted and loved.
Elle
My partner owes a debt but has just passed away will CSA take it from his superannuation?
Andrew Lancaster (admin)
When someone dies, a debt such as child support will be taken from their estate (money, assets, etc.). Super is normally handled separately but can also form part of the estate. So, CSA will get the money, though probably not from super directly.
Leroy
Hi Andrew,
My daughter turned 18 in April. She is still at school. I thought my child support paying days were over but just today – two months later, I get a letter from child support saying the mother has requested I keep paying until the end of the school year.
After June (well – we all know – usually September) CSA will use a provisional amount to work out child support payments until I do my tax return to get the actual taxable income.
What happens if I don’t do my tax return until next year for example?
The case will close in November after my daughter finishes school and then is that it? Case closed? What happens if I don’t do my tax return for 12 months? Do they just keep the case open until I do it?
Or because CSA are using a provisional figure they determined, then they use that? Would they only look at tax returns after November if the child support was based on an “estimate” of salary I gave them?
Thanks
Andrew Lancaster (admin)
It should be the same process as every year. They keep using the old income amount for the new financial year, and then make an adjustment once the tax return for the previous financial year is submitted. I presume they will just keep the case open indefinitely until income is updated.
If you haven’t estimated your income and did your 2022-23 tax return, provisional income is your income for 2022-23.
Any subsequent adjustment would normally be a fairly small amount. We’re only talking about 5 months and however much your assessment is affected by incomes changes between years.
Larry
Hi Andrew thank you for your help so far I have one question my daughter turns 18 next January and she will possibly be in year 12 next year.
Can I ask since my daughter failed one year of primary school which I only happened to find out by chance by my ex- whom does not share any report cards with me or any progress of how she is going at school. My question is when next year csa says I have to continue to pay child support I am go ask to appeal this decision and they said to me recently csa will get evidence she is still at school but the million dollar question will I be able to obtain that evidence. Noting my ex was quite abusive towards me when I was with her plus she claimed when I left her and my daughter was 18 months at the time I abandoned her even though I didn’t she went onto to life with her father for a year got pregnant with another guy and has two children from him. However she has been living with her father since 2020 because she split with her ex who she has an AVO out on him.
Having said that her father threatened to physically harm me when I worked a few years ago at a different place if I didn’t ring his granddaughter every day and talk for more than five minutes suffice to say I reported my ex and my daughter and my ex father to the police for harassment who took a report and put it in the computer.
I know this might sound too much for people to take in but it yes us guys suffer from abuse from ex’s and their family.
Has anyone actually been given physical evidence that their child is at school from csa and how did you go about getting it.
Andrew Lancaster (admin)
Hi Larry,
You won’t be able to get any information about your daughter’s school via child support. They do not disclose such information. I’ve heard complaints about financial info being shared during Change of Assessment cases. However, they wouldn’t share info about schooling because this can be sensitive information and does not have to be shared in order for them to make a determination about extending child support beyond age 18.
Peter
How long does it take for CSA to actually collect child support? I applied for support on April 26 it was approved May 15 and they had all my exes payroll info etc during the assessment as she agreed to them collecting it but now all I see in the app is that there’s $524 overdue with no next payment estimate. I’d read online payments are made after the 8th of the month and it’s now June 15th when do the actual payments start usually?
Andrew Lancaster (admin)
They need the money to be able to pay you. When CSA is collecting payments, they still rely on the payer depositing the money. BPay from a bank account is the typical method. After non-payment, they may eventually take measures such as organising collection directly from an employer.
It looks like your ex hasn’t paid and would be receiving notices from Services Australia about this. They will keep chasing up to get the money. It’s better for them to do this rather than you. But a slow payer can drag things out for long periods. You can’t rely on timely child support payments unless your ex is punctual with this.
Brendan
Hi Andrew,
The below is my quick scenario where CSA have favoured the mother of my child, changing the care levels in her favour so she then benefits for more money, meanwhile CSA did not contact me to allow me an opportunity to respond to the ex’s request for a increase to her care level.
Quick scenario
Ex partner rang in and changed my care level from 42 to 35%, to gain more money, this was done in Nov 23. She then also opted in for CSA to collect on the same call, prior we were on a private collect.
CSA did not contact me and approved her request for more care, from 8 to 9 nights a fortnight, and she was within the week approved the care change and more money from a verbal call, and having provided no evidence to CSA.
In March 2024, my pay was docked some $2000 for CSA collect, and this became then the “first time” I’d come to know of what my ex had done, the decision that was approved by CSA for her care level change.
I lodged a Complaint to CSA to investigate the fact they didn’t contact me, and is was found they didn’t provide me the opportunity to respond to my ex’s care change, CSA did not try call me, nor did they send me a letter – they provided me only the decision letter
The CSA agent who took the original call from ex also was found to make the decision in my ex’s favour, the CSA agent was a lady.
I’ve been spending now hours and hours lodging complaints, objections and trying to speak to different departments to understand my rights. CSA continue to charge be the higher rate of child care until my Objection to her change of care is completed, which could take months.
Would be grateful for any advice you may have ????
Andrew Lancaster (admin)
Hi Brendan,
It must be frustrating and annoying to be treated as an ATM in this manner. Although CSA made mistakes, I don’t think this will affect the final outcome. They just shift money between parents. If the original decision was correct (i.e., it accurately reflects care levels), it doesn’t ultimately matter that they made it improperly.
You need to focus on the objection. It doesn’t need to take months, as the first objection is just an internal review (though they can be slow). CSA will look at the evidence of care and set the level accordingly. It comes down to the evidence you and she respectively provided. If there is a lack of evidence, you could claim that you were denied the opportunity to prove that the new care level was incorrect. But I still think they will try to weigh up the available evidence (with a bias in her favour).
If you dispute the actual care level during that period, any evidence you have could support your case. Look through texts, emails, times of phone calls, etc. Even a statutory declaration from yourself or a witness could help.
Jack
Hi Andrew,
I recently received an objection decision from the CSA regarding my child support arrangement that has significantly increased my payment obligations. However, there are a few issues I’m concerned about:
Delay in Decision: The objection was lodged on 7 July 2023, but the decision was only made on 9 May 2024, a delay of 10 months. Is this considered unreasonable, and how might it impact the fairness of the decision? I’m concerned that this delay breaches the principles of procedural fairness and natural justice. The Administrative Decisions (Judicial Review) Act 1977 (ADJR Act) allows for review on the grounds of unreasonable delay. Additionally, common law principles require timely decision-making. The delay has affected my ability to respond effectively and plan financially. Whats the likelihood of this element being successful ?
Lack of Evidence Disclosure: The decision mentions evidence provided by the other party but this was not provided despite multiple requests for this. I was advised in one call that no evidence had been provided by the other party. Does this breach procedural fairness, and how should I address this?
Factual Inaccuracies: The decision contains inaccuracies that affect the outcome around statements that I have alleged to have made.
The issue here is whilst the determination on care percentage is a reasonable representation of care levels by both parties however my issue is with the timeliness of the decision now causes significant financial detriement
Any advice on approach (and merits) would be appreciated
Regards
Jack
Andrew Lancaster (admin)
To be honest Jack, it sounds like you’re clutching at straws and may be wasting your time. It doesn’t look like the delay had a material bearing on the outcome. What positive result would you anticipate from appealing even in the best-case scenario? All they do is shift money between parents. They’re not going to punish the other parent because of them doing something wrong.
Slighty dazed and definitely confused
Hi Andrew, you’ve covered elsewhere the scenario where submitting an income estimate at the beginning of a financial year can help avoid overpayments.
I usually earn around $75K a year but I know I’m going to earn much much less in the coming financial year due to drastically changed circumstances out of my control, definitely over the 15% decrease threshold.
It looks like the simplest thing to do is to submit an income estimate for 24/25 this coming July 1.
However I just can’t get my head around how I could submit an estimate for 24/25 on July 1 then do my tax return for 23/24 with my about-to-nosedive level of income still coming in at $75K.
Wouldn’t the CSA then ignore my 24/25 estimate given they soon after get my 23/24 ATO-assessed income?
Is it wiser to do my 23/24 tax return first, THEN submit an pro-rated estimate for 24/25 after that?
Any insight into the CSA way of doing things would be greatly appreciated!
Andrew Lancaster (admin)
Definitely submit your income estimate on 1 July. They shouldn’t let your tax return override this estimate. Even if they do by mistake, you have established that you submitted an estimate on 1 July and that must stand as the date of effect.
Kano
My son turned 18 last week. He is in year 12. The mother has not asked for an extension to child support until he finishes school so it looks like it’s done.
My questions are:
Will I be notified that my child support has officially ended?
Do CSA look at my taxable income when I do my tax after June 30 this year even though my obligations will have ended last week? Is there a chance if my income was more than what child support was based on this year, I will owe her more money?
Andrew Lancaster (admin)
They should gave payers a certificate of accomplishment, recognising how much they paid over the years. I assume you will be given appropriate notification since a terminating event has occurred. It might come with a delay as they would try to avoid wrapping up cases prematurely (e.g. to allow some time for the other parent to request a Year 12 extension).
Your taxable income after the case closes won’t have an impact unless you have put in an income estimate during the year. In any given financial year, it is normally only the income in the previous financial year that counts.
Keith
My son turns 18 during year 11. I know that my ex can apply to receive child support until the end of the school year once he turns 18. Does that also extend into the next year? I.e the year he turns 19 when he’s doing year 12?
The CSA guidance seems to only cover the remainder of the school year after a child turns 18.
Andrew Lancaster (admin)
You don’t have to pay child support when your child is at school but is 18 going on 19. The provision for continued child support is specific about extending to the end of the school year in which your child turns 18. It doesn’t apply to the next year as well, as there is no allowance for it.
This is the only provision for extending beyond 18: “If a child turns 18 during a year in which the child is in full – time secondary education, a carer entitled to child support for the child may apply for an administrative assessment, or a child support agreement, in relation to the child to continue in force until the last day of the secondary school year in which the child turns 18.” – CHILD SUPPORT (ASSESSMENT) ACT 1989 – SECT 151B
David
Update time the ATO has seen I am earning less and they said I underestimated my income so I told the CSO to go by what the ATO says.
David
Thank you for your help Andrew they waived the penalty fees but let me tell everyone of something that they breached not only my privacy but also my wife’s.
From March 2020 to November 2020 I did not work due to Covid hit Australia. I was a casual bus driver for a company that did shuttles from the long term car park (from an airport) to the terminal.
I didn’t qualify for any Centrelink benefits because my wife earned more than the household threshold. It meant also no such help from employment agencies.
Anyway Child Support was getting quite bad which they wanted all our financial records to show that I was not earning anything. We told them I can assure them i am not earning anything and if they check the ATO they would see that. What I thought they took my word for it.
A CSO staff member decided to go behind our backs and check our financial statements with our bank and they sent a letter to me care of my wife’s employer. My wife works in a place that she didn’t want it known I have a child (religious) well at her work place all letters are opened and read for security reasons and the letter said I owe this much in child support because I am working at the same place as my wife. The stuff up happened when the CSO staff member thought the pay my wife gets was mine. When I phoned up child support of this instantly they were defensive and claimed that their officers are allowed to breach privacy laws to get child support out of me.
I told them I will speaking to my local MP about this breach and mistake. That’s when they straight away connected to me with my case manager and she looked at it and noticed that staff member breached privacy in many ways including not sending me a letter about what they suspected and she can see that there is only one income and it clearly has been my wife’s income way before I became unemployed. The case manager did apologise but she said that CSO staff member and others who did this would be severely reprimanded and disciplined for their actions. The strange thing was they wrote to where my wife worked and she was the HR manager at her workplace requesting she take out money from what they can see I am working their when it was her money all along.
Currently on the phone to them to advise my income for 2023/24 has increased beyond the self reported amount and they are confused that I want to advise them of that because I left my previous employer in November last year and started another job then. I told them I want to advise them so I don’t get penalised like I did last time and even on the ATO app it says my year to date income has increased and I have been on hold whilst they talk to the ATO so far for 45 mins will keep you updated. Thanks once again Andrew.
Andrew Lancaster (admin)
At least they admitted to overstepping the mark with their investigation. As I’ve said previously, you don’t normally tell CSA when your income rises. An exception might be when you have already submitted an income estimate for the current financial year. In these circumstances, any income increases would starting affecting payments immediately and this impact will be backdated by CSA if necessary.
As a general rule, pay rises eventually work through the system when you lodge tax returns. There are no penalties or fees for simply not alerting CSA that you’re earning more. If you stay quiet, you won’t start paying extra until the following financial year.
Terry
Do I pay child support on a superannuation lump sum payment? It will be taxed at 30% with a 2 % medicare levy. I have one child left to pay for who is nearly 16 years old. I do not have and have never had any dealings with CSA. I have a verbal private agreement with my ex wife and I pay the CSA recommended amounts every fortnight and adjust it when I change jobs. I have not seen my child since 2011.
Andrew Lancaster (admin)
No – you don’t pay child support on your superannuation lump sum payment. It is not a form of income and, as I understand it, is treated as a separate item on your tax return that doesn’t form part of taxable income.
GAry
Hi Andrew,
I was unfortunate and received my first letter from Child Support in July 2012. Since then I have discovered that the time sensitive letters, 14 days to respond to an assessment. 28 days to object to a decision, is flawed. I have been able to demonstrate to the ATT that letters that appear on the MYGOV portal appear 2 to three weeks after the date of the letter. I have shown that the dating system they rely upon to insist that you are in arrears and did not advise them or contact them in time is no longer a valid excuse, and that claiming an “extension of time” is no longer a requirement.
I have had success with the ATT and decisions set aside, however….. The CSA acknowledging their multiple, and unlawful and in some cases fraudlent errors that the out come is: They will not request overpayment to ex be paid back as “this would be unfair”. Also, on more crucially, they will not write-off the $16,0000 of arrears and penalties they wish me to pay them, as if they “amend this error…we would have to do this for all payees, which is not in the public interest.
In other words, since 2012 to date, I have been overcharged and my ex partner paid $30k in error. They are aware of this, but it is not in the public interest to fix the account.
I must appear in court next week to show cause as to why I do not owe CSA $16K.
I am able to demonstrate, that CSA case managers, change my address on their system, send a letter, then change in back, so the letters never arrive. I can demonstrate that assessment letters are never actually sent. I can demonstrate, that CSA have recorded my upload documents as made in 1979, 1982, and 1986.
Perhaps your readers should know, that if they make an objection, and their objection is refused, and they go to the ATT, that the evidence the CSA rely upon is fraudulent and cannot be relied upon from 2013 to 2023.
I understand through my work with the Ombudsman we finally got action an the CSA have admitted serious systems flaws, but have still not advised over 600,000 australians that their assessments from 2013 to 2023 were incorrect.
I would advise ALL PARENT READING THIS, to use the formulae which is relatively simple to calculate. Decide upon a monthly figure based on this formulae : Your taxable income, their taxable income, less the minimal support amount in the tables, and then Pay directly to the Payee, and do not USE the CSA. If you are on collections advise CSA annually of the monthly payments you have made, and ignore them.
Everyone should now send an OBJECTION FORM for each assessment period from when they started paying child support. You do not need to ask for an extension of time.
The system of CSA is a Commercial business. They make their money and profit from “late penalties” which do not exists, and inflated monthly payments, that you do not owe. Accroding to them, if you do not respond to their assessment letters within 14 days, or object within 28 days, according to them you must may the incorrect amounts plus penalties. In most cases you have not received an assessment, and in most cases you do not discover the error until much later. MOst people will have had money stolen from their tax returns, employers, or even bank accounts. The Federal Circuit court is the only jurisdiction you can have the matter settled. The ATT, Ombudsman have no teeth. The CSA are aware of that, Furthernore, the CSA relies on the FACT that most Australians will PAY, as its too much work to fight them. Those days are over. Challenge every letter you receive.
Andrew Lancaster (admin)
You’ve highlighted concerns about how the CSA handles dates, particularly regarding notification and response deadlines. It’s not clear why these timing issues are so critical in your case, as most parents generally find a routine with child support payments where timing conflicts are rare. Often, any issues related to the timing of payments can be resolved without penalties.
While I don’t fully endorse a combative approach, I do agree that it’s important for parents to be aware that mistakes can occur with CSA’s date management. This could lead to receiving less notice or having less time than legally required.
Jason
Hi Andrew,
I have two children 10 and 6 to my ex-wife, and only have 4 nights per fortnight access 28% (that’s all she will allow due to the money she receives from CS and Centrelink, and she also chooses to work part time) I work full time and pay $430/fortnight, and I also pay half private school fees (she has school card so get reduced fees). My eldest goes to high school in 2026 but I can’t afford to pay half of private high school fees if she loses the school card. I simply don’t have the funds to take her to court and in like most cases, she certainly came out on top financially in the property/assets settlement.
-Could I possibly make a limited child support agreement that I would pay half of the reduced fee for the period of his high school, and if she is not eligible for school card, I still only pay half of reduced fee amount?
-She also is trying to gain 100% access of the children (i.e. telling them it’s illegal if they stay in my care) so I would like to include in the limited agreement, that access is to remain no less than 4 nights per fortnight, if that’s possible?
-How long do these agreements last and does she have to stick to them?
-Does child support cover sporting activities, school camps and any other school associated activities? Or can I pay 28% as that is my percentage of care that she dictates?
Thank you,
Jason
Andrew Lancaster (admin)
You’re in a weak position, Jason. Be ready for court as an option. Taking that off the table takes away all your power. It is possible to self-represent, especially with the help of AI.
Treat all written correspondence (including texts and emails) between parents as something that may be used in a court of law. You can build evidence that you are maintaining strong relationships with your children and that the kids are your priority. If she provides evidence of exploiting the care of the children for money, that could be vital for future negotiations and potential legal follow-up.
You seem to be talking about private agreements not involving a lawyer. Generally, these aren’t enforceable (i.e., can be ripped up by either party at any time without consequence).
I can’t advise you on how to negotiate with your ex. You’re in a weak position, so much depends on her character and goodwill.
David
I have noticed that CSA has contempt for casual workers and I work as a casual bus driver that does school runs mainly for the school year or 40 weeks per year yet CSA base the income on 52 week year. Also I was penalised for reporting a lower income which was higher according to them I explained
I lost two jobs in that period.
They claimed in the first paragraph in the letter that I had not lodged a 2022/23 which indeed I did, but they want a lump sum payment of over $3,700 which they have agreed to $29 per week in instalments (I wanted it to be $10 per week) because as a casual bus driver this is on top of my normal $166 per month I pay in child support. Is there a way to waive that debt penalty payment of over $350 what they claim because my income was higher.
In other words they have gone back from July 2022 to February 2023 and seen my but claimed I never lodged a 2022/23 tax return which I did.
However one last question csa refuses to investigate my 17 year old if she is still at school they claim I have to fill out a change of assessment my ex has 100 percent care of my daughter and my ex provides no school report cards etc I don’t even know where if my daughter which school she attends. Also my child turns 18 next year she failed a year in primary school and she was born in January 2007 do I pay when she turn 18 and still at school and how will csa contact me to stop me paying child support. Thanks for your help.
Andrew Lancaster (admin)
Child support does not depend on the child attending school. Are you suggesting your daughter is financially independent? That would require evidence. Also, child support can continue beyond 18 if the child is finishing Year 12. The receiving parent needs to apply for this extension and provide evidence.
CSA should have accurate records of your tax lodgements. If they claim something which is untrue, and this has affected you, present opposing evidence from the ATO. CSA can usually waive penalty fees at their discretion. You can appeal an assessment (starting with asking for an internal review) if you believe they have made a mistake.
Owen
Hi Andrew,
I’ve seen you state ” I don’t know why people want to tell CSA when their income goes up”. I wanted to ask you about this. If my salary does increase and I don’t inform CSA, won’t I run the risk of having to back-pay for the periods where I was earning more?
I am in the early stages of a child support application. I have four children all under 12. I will have 50% care from September, with 43% care until then (she gets one night a week extra. Initially she wanted me to have 3 nights a fortnight but mediation got it to 6 for now and it wasn’t worth the 100k in legal fees to get the extra one night). My ex has reduced her work hours to get more family tax benefit. She also receives $500 tax-free a fortnight through a salary-sacrificing scheme and a $260 /fortnight allowance from her family. She is better off than me financially too as her family paid off her mortgage as well. I do earn a lot more, but this CSA payments will have me living on a very tight budget for the next 14 years.
I am due a pay rise in August and my employer has informed me I will be getting one. That will make things easier for me. If I don’t tell CSA about it however, won’t I have to pay back from August 2024 through to June 2024 because I had been making more money? Can you please explain how that works? I don’t want to shirk in my responsibilities, but I also want to have the money so I can do as many things with my children as my ex does, and its hard to do with any additional money I earn going to her.
Andrew Lancaster (admin)
Like I indicated, there is no point telling CSA when your income rises. It’s like ringing up the ATO and asking to make some voluntary tax contributions on top of what you’re required to pay.
Your income for child support purposes is what you last reported to the ATO. A pay rise in August 2024 will affect your 2024-25 tax return. This won’t starting affecting payments until 2025-26. But you can inform them of your new income and start paying more from August 2024 if you want. Better still, how about submitting an estimate on 1 July and start paying extra then? That way, you get a whole year of higher payments.
Sim
Hi Andrew,
I have been with my partner for 15 months and recently we decided that he will move in with me as we couldnt find a place for him to rent as his landlord had asked him to vacate. He will be paying me rent and we will have a lease in place as it’s my house and it’s fully paid off and I don’t want him to claim any share in my house as I have worked hard for it. My question is if we declared to tax office that we are partners in our tax returns would his income for CSA go up as I make reasonable more money than him and we don’t have any kids of our own but I have assets and superannuation of my own. Also for CSA purposes would the lease payments be considered a personal expense for him even though we will be partners. I have no experience with CS but have only heard bad things about them and am trying to ensure we do everything correctly and above board. Your guidance would be appreciated.
Andrew Lancaster (admin)
The partners of parents are irrelevant for child support. They don’t enter the equation.
The only thing you have to worry about is your taxable income, as recorded by the ATO. That’s what CSA base payments on.
Jeff Strahan
Hi Andrew (and others).
A question regarding Reason 8 Assessment.
9yo son is in primary school. Both parents have 50/50 care based on 1 week on/1 week off.
I (father) work full time (100%). His mother works 40%.
Income split is 75%/25% (me as the payer).
She is re-partnered.
His mother could work full time but refuses to do so. Her annual reportable income is $42k. Her full time income for the job she does would be about ~$100k
She hasn’t reduced her hours (from when she had 70% care) so I can’t use Reason 8 re earning capacity on this basis.
However, 12 months ago, she and her partner purchased a $1m 3×2 property (both names on Title) in an expensive riverside suburb in Perth. The suburb is the 9th most expensive in Perth (median price). The purchase price is 90% above the Perth median for a 3×2.
The new home is 20 minutes from our son’s primary school and future high school. A similar 3×2 purchase within 10 minutes of his schools would have been $450-$500k.
So my question is, would this $1m property purchase be likely to support a successful Reason 8 application under “special circumstance” (additional income, property or financial resources)?
Clearly a $42k p.a. income cannot come close to servicing a $1m property purchase, so my intention is to use Reason 8 and request a readjustment to CS payments based on her working full time (~$100k) which would be an earning capacity more closely suited to servicing such a property purchase, and to be back-dated to the time of the property purchase.
Do you have any feedback on what CSA might do in this circumstance? I can’t find any examples/advice online when it comes to the issue of a parent having “substantial property but a small child support income amount” (as per Reason 8 grounds for departure).
Many thanks.
Jeff
Andrew Lancaster (admin)
Hi Jeff – I can’t see you succeeding with this. Agree with your assessment of the under-earning income situation; that nothing can be done there.
The property and resources provisions in Reason 8 are meant for high net worth individuals who report low incomes. Sharing in the buying of some residential property doesn’t really count. She is still just a salary earner. She and her partner may be highly leveraged as well, meaning that selling would not yield much. There’s also the added complication of the assets being shared, and being of potential benefit to your son. CSA officers are very unlikely to be interested in this.
Anon
Dear Andrew,
How is it possible that a parent is denied the funds made in court orders and these funds are withheld by the other parent’s solicitors and then garnished by child support without consent. The actual income of one parent after tax returns are also ignored by the child support agency in making an assessment. Medical evidence is also set aside and not taken into consideration. All of this while the income is below the self support amount. Who does one turn to get justice?
Andrew Lancaster (admin)
Let me know if you have a more specific question. It seems like people don’t trust you. Being transparent and open might help.
Paul
Hello Andrew,
I just read that it is possible to have additional income earned post separation excluded from child support assessment. You only have 3 years and only get 30% of the additional income removed “if” the application is accepted.
Wish I knew! I am posting here to let people know.
Thank you always for your support.
Paul
Andrew Lancaster (admin)
Yeah – not many get on to this (excluding a portion of extra income earned just after separating). You have to apply when you’re still fairly new to the system and it has restrictions around it.
Anonymous
Hi Andrew
I have just seen on the news that there looking into updating child support so paying parents have to pay more! My ex already recieves more than enough surely they have to look at it from both sides, could you shread any light onto this?
Andrew Lancaster (admin)
My bet is that these people have little clue what they’re doing. It’s just another push to take money off paying parents (i.e. fathers normally).
The “costs of the children” is closely tied with income and, in fact, grossly overstates the costs when combined income is high. The formula assumes separated parents would indulge their kids the same way that an intact couple would. That is unrealistic.
The mathematics and economics is quite complicated and it’s easy to get confused, especially if you have a bias when you’re examining the formula.
Updating the costs of the children shouldn’t have the impact these people are hoping for. Payments are tied to incomes, which have been growing. But I would expect they will only make changes if those changes inflate payments.
Anon
Hi Andrew. Hope all is well. My daughter requires braces and the orthodontist has provided a bill split 50/50 which I believe is more than reasonable.
If I pay this bill directly to the orthodontist, can their mother then claim half of the entire cost through child support as well? Essentially double dipping.
I’m concerned that if I pay for my half of the braces directly, I’ll then get a bill from child support as well.
This happened to me previously with child support for private school fees. I paid through child support and she didn’t pass on the money to the school then the school started chasing me for half of the school fees as well although I’d already paid.
Andrew Lancaster (admin)
CSA should be your friend in cases like private school fees and braces because, unless there is a major income disparity, they generally arrive at the position that costs should be split evenly between parents.
It helps if you have evidence that the mother agrees to the orthodontic work. There is a risk if you run off and spend money without agreement and then try to claw back half the cost via CSA. You’d then need to establish that the treatment was clearly necessary.
You can apply for a Change of Assessment (Reason 2 – Special Needs of the Child) at any stage if it looks like she won’t cooperate.
Lea
Hi Andrew, thank you for your reply. I have learnt the hard way the estimating and re-estimating cycle is not where its at, makes a huge mess. Managed to speak to a helpful person – few and far but have some clarity atm. Thanks again for your informative page. The system is truly in despair 🙁
As part of the plight for change I have questions around how the ‘system’ believes children are best served moving to 50/50 from a high income household and primary career in excess of 13 years largely solely with 0 child support and be made to do a 50/50 arrangement after that many years to a very low income house and be made to support the other parent because they can’t! and ‘earns’ not enough to even pay rent or food for 1 person. You are forced to pay for another persons inability to provide it also promotes low income earning, up to 5 sources of income F tax A & B, single parent, child support, possibly small amount of own income. and continues to support people to be reliant on the system to survive while the hard workers get crucified! How can people support what you are doing to get vocal on this system that is not fair nor working effectively for all?
Andrew Lancaster (admin)
The door is effectively closed to any kind of reform at the moment. Would need a change of government at the very least. I’ve given up for the time being after giving it my best shot and even designing a new system. I used to work on policy strategy in the public service, so have a fairly good idea of the futility of trying to fix things at the moment. Need AI to take over.
Nic
3 week delay (or more) from CSA application…
I have a functional private arrangement with by ex and proof he bank history showing he pays, but I can’t get a loan from any bank until I have a CSA reference. My lease ends 1 April, I’m ready to buy but cannot due to CSA delay… I’m couching surfing from 1 April until I can get loan approval and then wait out on a settlement period.
Thanks AU Government. This is not ok.
Nathan
Hello, I currently pay $2660 per month for the care of my two children with my ex-partner. Recently, my income decreased by $23,000 due to a job change. However, when I informed the Child Support Agency (CSA), they stated that because the overall amount did not decrease by 15%, my payment would remain unchanged. I’m puzzled as to why any increase in my income leads to higher payments, yet a significant decrease doesn’t result in any adjustment. It seems illogical.
Andrew Lancaster (admin)
Don’t talk to them. You can submit income estimates online. If you exaggerate an income drop, you can just make up for it after your income is finalised.
Yes – they are biased. The guiding principle seems to be about avoiding anything that could result in hardship for the primary carer and, therefore, the children. To avoid complications, they also put the onus on parents to inform CSA of changes. Some of their policies are reasonable but others not so.
YEG
Hi Andrew do you have any insight on adult child maintenance and its likelihood? My eldest of three turns 18 later this year and planning for continued studies in uni.
Like many in this thread I contribute 100% of the child support and have done so for the past 7 years. There is no more excess funds each month and I have some anxiety around the possibility of an adult child maintenance.
While my lawyer affirmed this is quite rare to be awarded and typically for those with surplus assets and wealth of significance- I still would value your opinion or the forums experiences.
Thanks
Andrew Lancaster (admin)
You don’t have to pay for an adult unless they’re still finishing off Year 12. Most 18-year-olds going to uni are not ready to support themselves, so helping out is still important.
Paul
Hello Andrew,
I just recieved a letter from Services Australia explaining that my daughter is turning 18 soon and that if they are still in school that child support can be extended.
The frustration I have with this is the bias. The letter didn’t describe the option if you child leaves school before turning 18, gets a job and leaves home that you could potentially reduce child support. The system seems so biased on keeping the payer paying…..
Andrew Lancaster (admin)
It is biased. They predict whether the parent in a given situation is likely to be male or female and design things accordingly. Mothers can be hard done by as well when they share care and out-earn the father.
Lea
Hi Andrew, how are you? does anyone understand the estimate and annualisation. I have what I think is the correct taxable income YTD information I need to supply as I have had a change of income due to stress and health of family law. Im now forced to go 50/50 when I have been primary carer on kids for 13 years with 0 child support 🙁 why do they take a figure that I said was only current for 2 months then annulaise it and suggest Im going to earn 3 times this amount? Then incur a debt even though I keep saying I am on 0 income now and am not earning anymore than what I had up to end of 2023. Before I go mad, end up in jail for losing it on the phone does anyone have an idea what I an required to do. I wonder if I am giving over too much information on the phone? HELP
Andrew Lancaster (admin)
Yes, I believe I understand how it works. Though it is not right. You’re effectively prevented from re-estimating your earnings for the full financial year. Whatever estimate you give, they will only apply that from the time you submit, treating assumed earnings till then as already locked in. The amount you estimate as your annual income will be applied for the remainder of the financial year. In your case, you may need to estimate $0, and that will bring down the full-year figure to the lowest amount possible, though probably still way above what you will actually earn. Don’t talk to them and just put in very low estimates would be my suggestion.
MG
Hi Andrew,
Just came across your very knowledgeable site and channel, thank you for your work. My ex lives in an overseas reciprocating jurisdiction and I believe they have been falsifying documents to under report their income. I have 100% care. My ex is involved in the children’s lives and the children want their involvement, he often visits from overseas. My problem is if I report my ex or prompt child support to look into their income or under reporting income will he face penalties that might stop them from being in the 2 children’s lives? What penalties might they face? Is it a long process? I am trying to weigh up if it’s financially within my interests to report or keep quiet so as to not upset the 2 children. Also if I do decide, how do I start the process?
Andrew Lancaster (admin)
Child support payers with debts can be prevented from leaving Australia. Even if you report it, CSA aren’t a detective agency. They probably won’t take action beyond looking at any info they can easily access online. They wouldn’t be interested in criminality, just payments.
I don’t see a good reason to bother with this. He gets no credit for expenses and yet is undertaking international travel to visit. Applying for a review would create admin for everyone, may diminish any goodwill, and could be harmful to the children as you indicated. All this without much prospect of an improved situation. I don’t have all the facts here but you don’t present a good case for applying for a Change of Assessment.
CB
Thanks for your reply Andrew. Can I confirm that the answer would still be the same if the child turns 18 after 30 June, and the receiving parent had lodged their return for that year, but the paying parent had not, so CS was being assessed using the uplifted provisional income for the payer (and actual TI for the receiver) at the time the child turns 18 (likely to be in the next child support period)? Would the case still be terminated when the child turns 18, and so not take account of the actual taxable income of the payer when the return is lodged?
Andrew Lancaster (admin)
I think you know the answer. The scenario you’re giving is where payments already made could be affected by the (late) lodgement of a tax return. CSA should leave the case open until the final tax return is lodged because not all case parameters have been finalised and backdating is a possibility.
Paul
Hello Andrew,
Is there any recourse available if you find the child support is not going to benefit the children?
The system is based on “the more you earn, the more you pay”. The philosophy is that a higher income allows additional money to go to providing a higher standard of care for the children.
But in reality…. does this really happen? (no)
My ex has the children 100% and sold a debt free house and moved in with here parents and placed the kids in the back of the house and had her parents cover food, and utilities and housing costs while while my ex was only providing the basics for public school.
Is there any mechanism in the child support system that allows a party to dispute the amount being paid to raise the children when it is clearly not benefitting the children?
Andrew Lancaster (admin)
No Paul – there is no accountability for how child support is spent and no dispute mechanism. I actually don’t have a problem with that in itself because the admin and big-brother effects of tracking how money is spent would be over the top. It is up to parents to do the right thing ultimately.
But the system shouldn’t be based on an assumption that funds will be well spent by the receiving parent. Policymakers seem to assume that every dollar of child support is helping kids, which is often far from true.
There are prescribed non-agency payments that allow a parent to pay for things directly and receive credit, which helps ensure certain types of spending happen. But these are limited to things such as childcare costs and school fees and only apply in certain circumstances.
CB
Hi Andrew
was just listening to your policy post about paying parents who don’t lodge tax returns. You made the initial point that this is something that will catch up with those parents eventually, when they are forced to lodge the returns. But is this the case, particularly if the kids are older? I’ve been told that once the child turns 18 years old, (and this is a terminating event), as long as there is no income estimate in play, CSA will not update the provisional income of the payer should they lodge their tax return after that date. Is this correct?
Andrew Lancaster (admin)
When a child turns 18, there is normally no need to wait on tax returns to terminate the case. If there is no income estimate for a parent in play, the incomes from the previous financial year are the default incomes for child support purposes for the current financial year. Hence, as long as tax returns have been lodged for earlier years, the case can be ended immediately.
This might be the point that was being made to you.
However, it should be a different matter if a parent has failed to lodge tax returns for previous years, especially if there is reason to believe that their income is much higher in the missing year(s). In that situation, lodging a tax return would materially affect child support balances.
I assume CSA exercises some discretion in deciding to terminate cases. If you’re concerned about a case being ended prematurely, I would inquire with CSA about how your specific case is likely to be handled. You can even apply for a Change of Assessment prior to the nominal termination date.
Helen
My son is in a relatively well paid job which is extremely stressful and is profoundly affecting his mental health. He is talking about leaving and applying for a less stressful job and doing some part time university study while working full time so that he can eventually work in an industry he would like to which will also pay well. My question is, if he were to go into a slightly lower paying job, would CSA reduce the amount he is currently paying in child support for his child, or would they still make him pay what he is paying on his current wage, based on his supposed ‘earning capacity’?
Andrew Lancaster (admin)
He can submit an income estimate online and reduce the amount being paid. Only issue is if the other party applies for a Change of Assessment (Reason 8 – Earning Capacity) and can convince CSA that the change in employment circumstances was likely motivated as least with partial intent to affect the amount of child support being paid. If that happened, they would fix his income for child support purposes for, say, 2-3 years at the former level. To avoid it, he should make sure there is no evidence of such an intention and have a good explanation for the change in circumstances.
Jack Donaldson
Thank you for your help.
Is there any progress on adjusting the calculations so they are fairer and make more sense? I am in dispute with my ex because she wants 13 of 14 nights and not the 12 she was granted. Having 13 of 14 nights will mean I have to pay more than an extra 1,000 in support per month.
The calaculations are crazy: if I have them 11 nights I pay the same; and there is no difference in payment above 13 nights if she had them full time.
I am happy to pay child support but I also want to see my children more than just 1 night a fortnight!
Andrew Lancaster (admin)
Can’t see the formula changing anytime soon. The bureaucrats and politicians have done a terrible job so far and I can’t see that changing. Need AI to take over.
You don’t pay any less as you move from 2 nights per fortnight to 4. I’d point this out to your ex. You don’t have to settle for anything less than 2 nights and, if she gives you 4 nights, she’ll save money because child support will be unaffected but you’ll be covering more daily costs. The calculator on this site shows this.
JD
Hi Andrew
I recently had my ex-wife lie to CSA about the amount of care I have of my children. I was able to prove she was lying so it was dismissed.
While I was talking to CSA staff member I explained that my care is actually going to be more than the care I had originally been assessed at because I would be having care 60/40 weekly care over the holidays rather than the usual 86/14 fortnightly care.
The staff member told me that my payments will not be reduced and I’ll still have to pay my Ex for the extra days that the girls are in my care.
In addition to this they also said that if my girls have sleepovers at their friends places when they’re are in my care CSA will view this as being in the care of their mother.
How do they work this out?
Andrew Lancaster (admin)
The care percentage should normally be based on the long-term care arrangements, including holidays. When providing an estimate, work out how many nights you have over a year and divide by 365.
“If my girls have sleepovers at their friends’ places when they are in my care, CSA will view this as being in the care of their mother” – this is completely wrong if that’s what they said. If it’s your night, it’s your night. You can arrange that night however you want, including allowing them to stay with other people. Your ex is not looking after them and is bearing no expense – she’s not involved at all – so she gets no credit.
With care percentage issues, always provide evidence as required. Dispute incorrect estimates and submit your own estimates with accompanying evidence. It should be straightforward, and CSA should have no wiggle room. Appeal any decisions they get wrong.
Kyle
My ex has 100% claim on my son. She’s married, and makes <10K a year.
Last financial year of my employment, I have accrued 50K worth of fringe benefits of IVF with my wife — albeit fruitless.
I'd argue that benefit is not a part of my disposable income and therefore should not be considered in the child support calculations. However, I have a feeling they might disagree — your thoughts?
This in turn has increased my obligations from 1500 to over 2K. As I've been made redundant, the next year's return will be lower.
Andrew Lancaster (admin)
If you’re saying that the fringe benefits show up in your taxable income but you want that part taken off, I doubt you would have success. CSA normally start with taxable income and then add things on to it. However, you’re entitled to apply for a Change of Assessment.
You should already have put in an income estimate for the current financial year. I don’t believe the fringe benefits would be a factor if you’d done that on 1 July. Put in an income estimate online ASAP if you haven’t done so already.
Paul
I have elderly and sick parents (overseas) I’ve made more than one trip at short notice to attend to matters there and in doing so have depleted my annual leave at work. To be in a position to travel again if I need to I have “purchased” another month of annual leave which will reduce my income accordingly for the next calendar year. The purpose is not to reduce income for CSA purposes, rather to be able to travel as and when it may be necessary. Any idea how CSA will view this and if it is a reduction that will not incur their wrath whats the best way to handle it ?
Andrew Lancaster (admin)
Reducing one’s income only becomes an issue if the other parent submits a Change of Assessment application. If they have no evidence that you’re deliberately evading child support and you can show reasonable justification for reducing income, you have nothing to worry about. Just put in your income estimate and keep your head down.
Ryan
I have filled a change of income due to a loss of job online several times because CSA would not accept it. The fist time, I didnt have earned amount from July to October which is understandable. I then receieved a letter from them to give more information which I did call them. The conversation with the staff was very welcoming and I informed her of my situation and the change of my circumstances, ie. loss of employment. A few days later, they have been trying to contact me about and this staff denied that I ever made a phone call to them about fixing my issue, denied that I ever called them and even assumed that it may have been centrelink. I offered a screenschot so she could see and the 40 minutes conversation I had with the previous staff.
Long story short, after filling out the change of income and adding my exact income that I earned from July to my last day of work in October 2023. I wrote the details in the box section that tells them of additional information. I have done this 2-3 times and on the phone conversation. I also put a complaint in via online through detailing the staff’s argumentative on the phone with me and for them to contact me via email or Mygov inbox. I complained that they communicate with me via Mygov inbox, this is the quickest way and it avoids me listening to their argumentative behaviour and their denial of any such phone conversation. This experience has lost my trust in the phone conversation.
Now, they haver sent a letter asking for details of my change of assessment. I have sent them every details there is:
– loss of job
– exact income earned
– unknown when I will work again
– No other payments received
The letter they sent involves action such as:
– Taking payments from employer (lost the job)
– Taking money from tax
– Preventing me from leaving Australia (I’m going on holiday overseas in January)
– Legal action
What are the legal requiremenst for me to call them because I dont like talking to their staff as mention above. I like letters which clearly states what is required from me to pay and what they say is clearly written. There is no vagueness and they cant lie or deny anything with letters.
Andrew Lancaster (admin)
If you want people to help you, make it easy for them. To be honest, I don’t quite know what is going on here. Normally, a COA involves each party sending in their information once. That is all.
I agree that talking on the phone can be a bad idea because you can’t be sure how they’ll use information and it is easy to get frustrated. You can submit documents / evidence online.
As I’ve mentioned at other times, normally there are just one or two issues involved in a case. Identify what they are and provide appropriate evidence. Don’t overcomplicate things. And it is not the job of a parent to dispute a decision by withholding payments.
Alicia
Hi Andrew,
My husband is paying child support for 2 children from previous relationships. Last financial year he got a once off $10k bonus from work which then made his income go up and created a debt which has been paid. For this finiacial year child support are basing his wage on the amount he earnt last year which included this bonus. He has spoken to child support many times regarding the bonus he received and that he will not be getting paid a bonus this year. They have assessed his payments to include the bonus for this financial year which means payments have increased more than $300 per fortnight, so paying nearly 40% of his wages to child support and refuse to change the amount based on what he will earn this year. Is there anything we can do to get this changed as we just can survive financially??
Andrew Lancaster (admin)
A parent can submit an income estimate online via my.gov.au. It seems to go through automatically (or at least they generally don’t bother verifying). At this stage, he may need to submit a very low estimate to bring the average for the year down sufficiently.
Jake
Hi Andrew,
I was made redundant and have been unemployed for a number of months since. I notified the CSA. When I get a job should I notify them? Or just wait until I do my tax return. Thank you.
Andrew Lancaster (admin)
Don’t tell them unless you want to worsen your financial situation. I don’t know why people want to tell CSA when their income goes up. Why would you want to do that? If you want to be generous, spend the extra income on the kids.
Darsh
Hi Andrew,
I have been paying $2500 in child support based on my tax returns and my ex and I were sharing the private school fees for 2 kids (50/50). My ex has 100% of the care (which I am contesting). Couple of weeks ago I received a call from CSA and they said my son is going to go to a selective public school (he is going into high school) and the private school fees is only for my daughter and my ex was claiming 100% of the fees and doesn’t want to go 50/50 anymore. I am earning 4 times more than my ex as she decided to work part time or no work. CSA said they are going to check both our earnings for this year and decided the private school payment split. I just heard from our HR team that CSA have sent a letter requesting all payment evidence (salary and other benefits) to me since I started working in the company and not just for this financial year. The HR member who mentioned this to me was not happy as she said it takes a long time to gather that information. Why is CSA doing an audit like this as I have been lodging my tax returns on time every year and I don’t make any significant tax deductions? It is embarrassing at my workplace that people think I have been put through this audit as I may be trying to dodge the system. I have never failed to make a payment and also never disputed any additional payments for my kids in the past. It is very frustrating and my mental health is suffering. Please let me know if they can do an audit like this?
Thanks
Andrew Lancaster (admin)
Under the circumstances you describe, it seems over the top for CSA to be going to your employer to verify income. Your ex may have indicated to them that you are hiding earnings somehow. CSA are usually lazy with investigating income-hiding activities and yet they are being energetic in your case for no compelling reason.
It’s not really a matter for you to get involved with. Your HR department could probably get away with not responding or doing a quick response, though they probably would be more comfortable complying with the request.
You need a very thick skin as a man dealing with child support and child custody matters. Just be professional, don’t waste time on things you can’t control, and stand strong.
Steve
Hi Andrew, thanks again for your last lot of advice re: taking a step back from work to care for my new child. Services Australia were very fair to me.
After nearly 2 months out of the workforce however I have been made an offer I cannot refuse. This has led me back into the workforce and providing Services Australia a new estimate of my income. I estimate that my total income from June 30 2023 to June 30 2024 will be approx 92k, however when I enter my income into the Child Support app it’s saying I’ll be assessed on nearly 130k.
I don’t understand how this is happening. From today’s date until June 30 2024 I estimate my new job will bring in about 86k, minus about 7k in applicable adjustments. My previous role from June 30 2023 to October 6 2023 should be approx 25k minus 5k in adjustments. Where is 130k coming from?
I have estimated my income far lower so that the annualised amount in the app is closer to my expected income but I’m unsure if this is the right way to go about it. I don’t want a huge debt to come out of nowhere.
Andrew Lancaster (admin)
Unless you think the amount of child support you pay is unfairly low, don’t tell the CSA when your income goes up. You are under no obligation to do so – no matter what they advise. Your higher income will eventually be reflected in the assessments.
I think the CSA has been manipulating how they calculate parents’ child support incomes to inflate earnings. When you estimate a lower income for the year, they seem to bank a parent’s earnings up to that point and not allow you to reduce your overall income for the year to the correct amount. Conversely, when you estimate a higher income, from what you’ve said, they may apply it retroactively and then inflate your current income to compensate for any of this manufactured ‘deficit.’
Given you’ve already made an estimate, I would submit a lower estimate to get the right amount for the year, or close to it. You need to counteract their questionable maths.
goop
hi there. If I have my children 47% of the time, why do I still have to pay so much child support to my ex?
I have a $5000 debt and she’s requesting I pay 50/50 of all expenses on top of weekly child support payments. also, how long does a change of care take on the website? She had put that she had the children 100% of the time, while mine is still set as 0% nothing has been done about this either. Thanks
Andrew Lancaster (admin)
(a) The formula determines how much you pay. It is based heavily on income.
(b) Each parent should pay for the kids while in their care and for anything they indiviudally want to do for their children. But there are few rules. You shouldn’t have to be sending money to her very often, if at all. It is easier if both parents contribute their fair share by paying for expenses as they arise and kind of taking turns.
(c) Change of care notifications can be applied quickly, especially if both parents agree. If you dispute the care %, let them know ASAP and provide relevant evidence.
shane
Hi there
I am currently working as an electrician out at a mine site doing 7 on 7 off to maintain a 50/50 care of my 2 sons whilst I’m in a new relationship with another child. The salary I earn out at site is significantly more then my ex partner due to she has chosen to have 2 more kids to her new partner and wants to be a stay at home mum. Her new partner owns his own business so can easily support her needs and she also gathers the child support I’m required to pay her for my two sons in which I have on my days off. My question is would it be possible for me to start my own electrical business on my days off in town during school hours to try make extra money or would the extra income that I make to provide for my new family would only increase the child support costs to my ex?
Andrew Lancaster (admin)
The extra income would increase your child support payments. You can see by approximately how much using the calculator on this site. Child support essentially just depends on the taxable incomes of the parents and the parenting time split. If your taxable income goes up, you would start paying more next financial year.
Anon
Hi,
My child turns 18 in January 2024 and will be completing Year 12 in 2024. Do you know if I am able to apply to have Child Support extended until he finishes year 12, given that his birthday falls in the school holidays between year 11 and year 12. I found this on the DHHS website,
“Where the child’s 18th birthday falls in the holiday period in between 2 secondary school years, the carer entitled to child support would be unable to apply to extend the child support assessment.”
Does this just mean I have to wait for school to return? Or cannot apply at all?
Thanks
Andrew Lancaster (admin)
He will be all grown up! You won’t be entitled any more child support once he turns 18.
There is a provision to allow the parent of a child who starts the school year aged 17 to continue receiving child support at least until the end of the school year. But this doesn’t apply to adults who are choosing to continue going to school.
Adam
Hi Andrew,
I’m sure this question has been asked before but I can’t find an answer.
Quick back ground. My ex has only ever worked FT for a max of 12 months and that was more than 20 years ago and for less than 2 years. She had 2 children to her 1st ex husband and only ever worked perm part time but she didn’t take that roll until the kids were about 7yo (they are now both adults).
We were together for 15 years and had a child and she worked perm part time and still does.
I’ve always worked FT and since seperating I’ve taken more senior position at work meaning my CS has increased massively due to wage increase.
I have our child 5 nights a fortnight and pay every single month without ever being late or short changing them.
She continues to work part time and somehow has managed to have 2 OS holidays and a few interstate holidays, purchased a new car and done a complete bathroom reno in the past 4 years alone on a part time wage.
My question is how can she continue to work perm part time and get the benefit of my hard work, can she at any point be made to work FT or can a COA be done where her wage is calculted based on her hourly rate to represent a FT salary?
I’m just getting by even though my salary has increased while she’s able to work far less hours, earn less money but can still do everything she wants. I’d love to be able to have these experiences with my child that the OP is having.
Andrew Lancaster (admin)
Nothing you can do Adam I’m sorry to day. A parent can ask for a Change of Assessment (Reason 8 – Earning Capacity) when the other parent does something dodgy to reduce their income. CSA can set the person’s income for child support purposes to the former level. There are various criteria that need to be met for CSA to intervene in these cases. However, they don’t have power to intervene when a parent has an established habit of working part-time or not at all.
Matt fish
dear Andrew thanks for your wonderful site.
services Australia have really messed up my Cs payments and sent my employer threatening letters to pay a shortfall, then months later they realise I overpayed and want to credit me and not my employer,
who is best to contact with a written letter of complaint?
they will not apologise to my employer.
this organisation is biased, out of control and just terrible overall.
Andrew Lancaster (admin)
Hi Matt, CSA have a poor reputation and receive complaints all the time. Adding more seems a bit pointless and futile. A quick email to your employer may help restore your reputation and maintain goodwill. Something like:
Subject: Clarification on Child Support Payments
Dear [Employer’s Name],
I wanted to clarify a recent notice from Services Australia. They mistakenly informed you of a shortfall in my Child Support payments. This was an error; I’ve actually overpaid. I take full financial responsibility as a parent and always ensure my payments are up to date.
Thank you for your understanding.
Best,
[Your Name]
M
My husband has recieved a change of assessment from his former partner. Our bank accounts are all in both our names. I am very uncomfortable providing this information as this details my income and savings.
How do you suggest we deal with this situation? I want to be open and transparent for the process but not at expense of my husbands former partner having my personal details.
Also – through the change of assessment process can the agency get information from banks etc. without consent?
Andrew Lancaster (admin)
CSA can’t force a parent to do anything they don’t want to with COAs. However, you also don’t want to aggravate them without good reason or risk them making a harmful assumption. Provide what you believe is relevant, balancing ethical and privacy considerations.
[email protected]
Hi Andrew, my CS payments have been very regular at $556/month and suddenly they went down to $538…has my ex done something that would decrease the amount he pays me at all? I noticed he did this when I mentioned about how big his income estimation must’ve been this year becos my CS payments went up. He picked up on that and suddenly I saw a drop in the payments which were around $620/mth to now $556 and again has gone to $538, what’s going on do you think??
Andrew Lancaster (admin)
Payments fluctuate with income levels. He may have submitted a tax return or put in an estimate of lower income for the current financial year.
Francesca
Dear Dr Lancaster,
I hope you can shed some light on our situation. My husband has two children with his ex wife and they have 50/50 custody. As he has an income over 300k and she is careful to not earn over 40k, he pays the maximum amount of child support to her. She has a house without a mortgage, no debts, and works part time. She supplements her income with family tax benefit and child support and will fight tooth and nail to avoid paying any shared cost like sports, school books etc.
The youngest child has now been diagnosed with ADHD and various therapies have been recommended by the psychologist. These will all incur thousands of dollars in fees. The ex is purposely slowing down/denying care so that she doesn’t have to pay half of the costs.
The child’s health is not negotiable for us so we will push forward and pay everything. Is there any way to recoup these costs from her? Or are we just going to end up being asked to pay even more child support now that the child has ‘additional needs’ – this last option was intimated by CSA when I contacted them, essentially encouraging me to not ask for a change of assessment.
Thank you for your very thorough work, I had no idea how unfair the Child support system was until I was in it.
Andrew Lancaster (admin)
I think you need to see this from the perspective of the other parent and CSA. They would likely see your husband as well off. And they might view spending thousands on ADHD treatment as something only a well-off person would consider. The “ex” probably wouldn’t choose to spend this money. Given the income disparity, CSA probably won’t require her to contribute much, if anything, towards it.
Personally, I wouldn’t solely trust the recommendations of a single psychologist. They often get things wrong, and ADHD can be an overdiagnosed and overtreated condition.
HA
I recently discovered inaccuracies in my CSA statement. When I contacted them, the officer I spoke to seemed unsure how to address the issue. The next day, when I called again and used my case number, the phone line disconnected as soon as I entered the final digit. However, it went through when I called without my case number; oddly, the officer I spoke to claimed they couldn’t see the statement I was referring to, and more than 20 letters of the statement needed to be included.
I suspect the statement letters have been concealed, as I found several errors. For example, they inflated my income while reducing my partner’s income, even though I wasn’t employed then. When my income was only $16k, and my partners were 80k, and I was looking for work, they backdated, raised my income to$29k $34k and $55k (Reconciled Estimate) and used my ex-taxable income for 2021, 35k instead of her actual income. On another statement, they listed my income as $46k and ex $55k (2022 income tax). This caused financial difficulties, debt, and anxiety, leaving me hopeless.
I am trying to figure out what to do next. I checked, and the mismatched figures span three financial years. I would appreciate any advice you can give me on how to move forward.
Andrew Lancaster (admin)
You can ask for a review of a decision within 28 days of receiving it here: https://www.servicesaustralia.gov.au/cs1893 . You can also apply for a Change of Assessment (COA), which is more complicated.
It seems like things have been happening without your involvement. CSA probably have been advising you along the way. You need to stay on top of things. Have you submitted tax returns – this causes automatic updates. You also need to get involved when they review your case and ask for information. They do follow procedures.
Jack
FYI
Twice in the past six weeks Services Australia has been cautioned by the Commonwealth ombudsman over its operations.
The first of these warnings was over its failure to promptly disclose a separate income apportionment program that ran for almost two decades and was used to calculate entitlements without any legal basis. The second was for its attempt to keep hidden an IT glitch in child support assessments that affected almost 47,500 people.
Of those cases, 15,000 were historic and Services Australia decided it did not want to go back in time to advise the people who had been financially affected by the mistake. The ombudsman decided otherwise.
“Services Australia advised us that if a customer were to contact them to question the assessment, it would then review the assessment,” the statement from the ombudsman says.
“In our view, customers were not aware that an error caused by Services Australia’s systems had occurred, so would likely not be aware they could exercise their rights to question an assessment.”
Andrew Lancaster (admin)
This is welcome news, that Services Australia is being required to smarten up their act. It is unsurprising to many that CSA have their own internal rules or habits that they follow, leaving outsiders puzzled about what the heck is going on there.
Ness
Question:
How big does a CSA debt need to be before they take action?
My ex owes just over $63k, the debt has been active for almost 5 years (he was making payments prior to this). He doesnt work (well he works until CSA try and garnish his wages and then quits, no tax return done for 8 years) and his assets are all in his partners name.
CSA tell me they are doing all they can to recover the debt but wont tell me what they are doing to recover it.
Ive asked them to apply a departure order however they cannot confirm if this will occur or not for privacy reasons. Letting someone get into this much debt is ridiculous its pretty much impossible for him to ever pay back and in the mean time im struggling to provide for our 3 kids and work full time. Is there anything i can do?
Andrew Lancaster (admin)
I imagine there must be some form of legal recourse, where a judge makes an order related to the debt and the parent faces a possible jail sentence for not complying.
CSA could probably do more – i.e. beyond the usual debt collection methods. For instance, they could take legal action on your behalf.
You could seek legal advice yourself and/or make a complaint to the Commonwealth Ombudsman about CSA (Services Australia).
Claire Buckenara
Can I just say that where you mention on your website (and multiple times too) that the child support system is unfair to the main “financial earner” as they’re penalised for earning the money for the household then you’re so wrong and so blindly from reality. Take my case for an example. I had a well paying (not as good as my husband) job before we had children. As this job was based in the outback and as there was no hospital I had to leave that job when I had kids and have no way of getting that job back now I’ve been out of the workforce for 5 years (my husband wanted me to stay at home to look after the kids as he has a really well paying job on the mines which is a FIFO role) he is still in that role so I can’t work FIFO or who would take care of the kids. No one. So I not only have a gap in my resume as I’ve looked after the kids I also can’t return to my job I had before kids whilst my husband stays at the same workplace and is being promoted. He would not have been able to meet his kpis thus get promoted etc had it not been for my job (caring for the children full time at home). So the person who earns the most financially is in not worse off or penalised for being the main money earner the person who can no longer work, who’s now has a gap in their resume who works a full time at home looking after the children whilst their husband work away by far is the person more hard done by. Just because they’re not earning physical $$ does NOT mean they’re not contributing financially!
Andrew Lancaster (admin)
Well, yes, your case is an example. It’s just one example and not fully representative. And can I say that, while you seemed to have assumed the traditional role of a woman who is financially supported by men, an important bit that you’re missing from that framework is respect.
Key points:
(1) Your particular example is quite extreme. Plenty of women work while married with kids and continue to work afterwards. They also often re-partner with men who support them once again.
(2) I’m not really buying your excuses for being a low income earner.
(3) Have you ever heard of divorce settlements and spousal support? These provisions are how mothers are provided for post-divorce. Did you not receive anything when you separated? By ignoring these things, you’re essentially admitting that you feel child support is an entitlement you receive that is there to support you, the grown adult, not just the children. Men are often paying huge amounts in child support after losing their houses in divorce.
(3) Virtually every aspect of the family court and child support systems are designed to support women who can’t help themselves. If you don’t think that is so, why are men killing themselves in large numbers? You don’t think there might be a problem?
(4) Women virtually always have the option to keep the children and receive all the related benefits. Men don’t and a significant percentage are unfairly denied access to their own kids.
We need a balanced system where the state is less interfering, kids see their dads, and women (or any men in an equivalent situation) are expected to stand on their own two feet. When two people divorce, both are responsible for getting on with their lives. They each have a financial responsibility to their children but they shouldn’t continue to be financially bound to their ex beyond that. It leads to people sitting on low incomes and not supporting their children to the full extent of their ability.
Heath
Hi Andrew.
I’ll try to keep this as simple as possible.
I have been paying child support since me and my ex partner split when my daughter was less than 6 months old (she is now 14).
About 4 1/2 years ago my ex stopped my daughter from fortnightly visits after i told her she asked to move in with me permanently.
I am re-partnered with 3 kids at home. She is also re-partnered with 2 other kids at home.
I am currently in a relatively high paying job, with a successful career. Im paying 100% care, while payments were only reduced by $9 and $7 per fortnight when my youngest kids were born.
The issue i am having is, due to the cost of child support, the current living climate, and being a single income house at the moment, i am having to work more and more overtime, which in turn, increases my taxable income, and my CS payments continually go up each year. It is at the point where it would be unaffordable if the overtime wasn’t available to me.
For the past few years, my daughter hasn’t attended school, as my ex and her partner travelled australia with the kids, and now seem to spend alot of time in a remote part of australia on a farm, living off the land and working for cash so its not a taxable income.
I am all for paying what my child needs, but it is currently a rediculous amount, when i have 3 children at home plus a partner that are all dependants.
So my question is… How can i get CSA to investigate her situation? I thought my payments were for school fee’s, clothing, food etc. But if she’s not doing most of these things, why am i still paying for it?
I’ll be honest, the government need to look into why the suicide rate for single fathers is so high, i am not in that mindset, but i can certainly see how this can tip people over the edge.
Andrew Lancaster (admin)
Hi Heath – Unfortunately, I don’t see any avenues to improve the situation. Parents are free to spend normal child support payments however they want. Your ex appears to have chosen to live off your payments rather than earn an income and keep the child near her father. Yes – the system can be very demoralising and I have no doubt that it contributes greatly to poor outcomes for children and alienated parents. The lives of fathers, including their vital role as parents, aren’t given the slightest consideration in the thinking or policies of most of our politicians and bureacrats.
Mel
Hi there,
my partner pays child support for his 12yr old daughter. he was in a high paying job 2 yes ago and was paying the maximum child support to her( he was not allowed to see his daughter due to bitterness towards him from the mother).
after years of being in high paying job and paying child support on time, he quit his job due to multiple back surgeries and stopped working for 3 months. he let child support know but they would not adjust his payments to lower due to he had to provide a separation certificate. he told them he was not going to run around getting it as he just told them. after 3 months he started in another job but the pay was less. he did his tax return and his whole tax return went to Child Support. he has many discussions with child support telling them he was on a lower income and should not be paying the highest rate and to readjust his payments but they have not.
this financial year he has gone to do his tax and only earnt $14,000, has already paid $9,000 in child support and owes $6,000 due to them still charging him the highest rate and has arrears fee $300. they already know what he earns cause they have rangs his new employers and only take out $100 a week instead of the full maximum payment.
we have asked them to not touch his tax return as it is not much and to reduce his payments. we have asked them to take away the $6,000 debt as they already know what his wage was as they have done there own investigations
investigations into what he earns. we know they don’t back date, but just want them to take the debt away as it is unfair and unjust, when they were told he was not working.
is there any way the debt can be cleared
Andrew Lancaster (admin)
This is a real mess and it looks like you partner has been overcharged significantly. Any parent is allowed to submit an estimate of a reduced income during the financial year. There should also be no cost for not being super fast submitting a tax return. And arrears fees can be easily waived.
Has he been polite and cooperative with CSA? They seem to have been harsh in this case.
He may want to consider applying for a change of assessment based on earning capacity. There is a possibility of backdating if you have documentation that he was informing CSA of his circumstances at different stages. It may be that CSA has made administrative mistakes here.
I think you need to write down the facts (with dates) and gather any relevant evidence. You can then apply for a review of any decisions that have been made by CSA or apply for a Change of Assessment.
samantha
how is it fair that my partners child support payments increase because his ex decides to have a baby with her new partner? shouldn’t the payments stay the same & her new partner support her while off on maternity leave?
Andrew Lancaster (admin)
Yes – of course a parent’s payment shouldn’t increase when the other parent decides to have more children. But try telling that to the lefty politicians and women’s groups who dominate policies on parenting and child support. They only care about the poor mothers and could care less about everyone else.
Glenn
Hello Andrew
I went through a court case with a lady i was with only for 4 months. She didnt put me ont he birth cert then went through the courts after 14 months with a paternity test to show the child was mine. Now CSA want me to pay 15k in back dated child support at an additional $500 a week. its more than the spare money i have after i pay my bills. Is there anything i can do to pay it off slower. I offered $150 a week extra and they turned it down
Andrew Lancaster (admin)
Just pay off what you can for the time being. Show a commitment to paying off the debt. You could try for a formal agreement with CSA some other time. I don’t believe it’s hard for them to go back and forgive any penalties and interest. They may be unimpressed that you didn’t do a paternity test voluntarily and now you have to show a different side.
Amy
Hi Andrew, my husband and I are experiencing first hand the broken system and bias nature of CSA. I’m hoping you can provide some hope and we are really hoping the system is closer to a much needed change. Any advice you can provide would be greatly appreciated!
My husband is a great father, supportive, loving, providing, calm and attuned, he goes above and beyond for his kids, a true-family man, between us we have 4 children.
Him and his ex have had a mutual agreement since they separated (until now), where he has paid anywhere between $375-$500 over several years a week based on their gross incomes and sadly shared care that the ex-restricts.
In addition to this, we pay Health care cover for their children (2 bio) and ours (1 bio/1 step) which ex has been given full access to and uses. The mutual agreement also included us taking care of dental expenses/care which we have upheld.
Following separation, he provided her a vehicle, new furniture and other goods that he paid off solely ($20k+) and solely maintained mortgage repayments etc.
First question: Looking at the CSA – are reporting these goods that were provided to her in addition to CS payments and the additional expenses solely paid by him sufficient in claiming additional money, goods were provided to her in a CSA review?
And when providing information for 3 reasons why the ASX needs to be reviewed (e.g., supporting another child, supporting someone else, goods, money etc. provided) why do CS only take into account 1 of these reasons? not all 3?
Secondly, for background purposes, due to welfare concerns, alienation, and 1 child requesting to live with us, it lead to us inviting her to resolve these matters in mediation. This led her to ceasing our mutual agreement and going through CS. We are still covering health cover for the children currently despite this.
We had been using the CSA online calculator and been paying the correct amount based on their 2 children +/- days of care, our child, his step (bio father deceased), and based on her and her partners children and care %. We thought going through CSA would not be an issue.
However, we have come across multiple issues and injustices within the system and CS’s unreasonable expectations. Everyone we speak to are shocked at how CSA’s are calculated – yet it continues.
First issue, CSA do not accept or include step children as dependents despite being in the child’s life for a significant period (in our case 5-6yrs), marriage, financially supporting child, living together, and despite child’s other parent being deceased. How do CS justify this?
CS give you the option of submitting a CSA to apply for step children to be considered provided you provide ‘sufficient evidence’. Which brings me to the next issue.
Part of this evidence in order to ‘prove it’ and get it across the line, includes providing them AND due to their ‘open communication’ policy provide the ex also with copies of highly personal, financial, and sensitive information. Including death, birth, marriage certificates, bank statements and other financial records.
As a government system that is designed to mediate financial support between parents who for any number of reasons cannot do this mutually – how is it, that this is considered ethical or necessary by any means?
In our case, we are dealing with a particular individual who would use the personal information she has just collected to do harm, leaving us in a vulnerable position, where we can’t afford to but can’t afford not to scenario. Additionally, CS enforce this ‘rule’ but there is no accountability on CS if the party they provide our personal information to, due to their ‘open communication’ policy, uses it illegally and/or for harm. CS’s response to our concern regarding this – ‘if you don’t want her having it, then don’t provide it’ – followed by ‘yes if we don’t receive those documents as evidence it will prevent us from considering making any changes to your CSA’.
As a decision-maker, I understand CS need to collect this information, and agree it is necessary for them to make an informed decision, however, shouldn’t this information also be protected by them as a government system, who are making enforcements, and shouldn’t the information collected be solely used for the purpose of CS making an informed OBJECTIVE unbiased decision? This does not require parties personal and private documents to be shared with one another.
There is also biases where ‘paying parties’ personal information and private documents are shared as the ‘paying party’, however, the ‘receiving party’s’ information is not shared. IS there any particular reason to this?
Further to the biases we have experienced, this ex, strategically did not add our other 2 children in the CSA – this of course increased the weekly amount we pay AND created a debt (as her CSA was based on 2 kids not 4). When we called to add our other children, we hoped to resolve this debt by providing them with the correct information – CS response was stoic and did not care at all. They advised they do not backdate to correct the information they received, despite us not been given an opportunity to confirm the information they received from her was true and correct – yet CS backdate 3 months despite parties having a mutual agreement in place. How is this just?
By the time we were notified, we found ourselves with not only an increase due to her strategy, but also a debt, no warning to stop paying her directly. and a warning that we had to pay around $3000-4500 within 4weeks or else CS will go direct to employer and deduct it from his pay or tax return.
Then to make matters further stressful, after speaking to CS for 2hours and thinking we gained some clarity of what our weekly amount would be going forward, this was short-lived receiving approx. 10 letters with differing amounts and increasing debt notices within approx. 2 weeks, with warnings to repay the amount within an unreasonable timeframe.
Another issue with the system we encountered, was while speaking to them, were informed that she had made a CS application years earlier – WHILE still in a relationship – where he had not been notified by them to again confirm whether the information they had received was true. He received no phone call, no email, and no mail regarding this fraudulent application – how is this ethical conduct by CS?
And it appears there are no consequences for making such claims?
Sorry it is a lot! But we are overwhelmed by how many cracks and how unjust the system is. We pay more than what the family institute estimate the cost of raising a child or 2 – yet we are restricted from seeing them strategically for her financial gain. She is also rewarded by reducing her hours of paid work, she has no need to with a new partner who earns enough for her not to, and is further incentivized not to, given she receives a healthy income from us/CS. Please help!
Andrew Lancaster (admin)
Too much information. If you have questions, limit the number and keep it simple for me if you can.
I’m not just saying this. You also need to do the same with CSA. Keep it simple if you want results.
To avoid problems, the father should limit financial transations with his ex. Zero direct payments to or from each other is best.
Despite whatever CSA say, you don’t have to give them information. You can still be cooperative but are able to retain info if it adds nothing and you don’t want it shared.
Chris
Hey Andrew,
I recently had a post Tax Return re-assessment from CSA return with an adjustable taxable income $8,500 higher than my actual income, which resulted in a debt owing and a higher amount of ongoing child support, despite both being on similar incomes, with 50/50 shared care (and an extra 2 young kids for me, who are WAY more expensive than the older ones!).
After some digging, I worked out that my salary sacrificing of $3500 into super (which I was aware would be counted in ATI), resulted in the extra $8500 contributed by my employer into my super (which I was not aware would be included in my ATI). It appears as reportable employer superannuation contributions (RESC) on my Income Statement. This extra super is not money my kids will ever see, nor money I have the option to access to support them, but results in an even higher CS liability I need to sacrifice to pay to my ex.
Not only does this put me even further behind financially with regular payments, but creates a disincentive to sacrifice even a small amount into my own future, and make it harder to provide for my family, because the involuntary unseen extra RESC is money that, for some reason, is included in the child support amount.
My ex is somehow better off because my employer is choosing to make extra contributions into my super.
I can understand how my own individual employee contributions should be included, but I don’t understand how the extra employer SC can or should be. Is this not an unfair part of the formula, creating a ‘double whammy’ and providing a disincentive to add to super?
Andrew Lancaster (admin)
You might be able to apply for a Change of Assessment. This will likely require documentation showing that a portion of super contributions was made as part of a policy or practice by your employer.
CSA aims to capture your full income potential in terms of providing financial support. Money that is entirely unavailable to you shouldn’t qualify, as you’ve indicated. The responsibility lies with you to demonstrate that the funneling of this extra money into super is unavoidable, even if you were to attempt to renegotiate your compensation arrangements with your employer.
David Zemann
I completely agree with RL, go through the Change of Assessment.
I am in the Objection stage of my third CoA (thats right, 3rd) since 2017.
Kids mother reports $0, 28k income while owning her own businesses.
First CoA went to objection because the investigator called her once, didnt get through, and left it at that. Luckily the person in the Objections team was a LOT more thorough, investigating bank accounts, businesses, debts. But the biggest thing was he said “she has to be paying for these things, we can’t find out where from yet, but we know thats what is happening, so we’re setting income at $170k, from $0.”
The 2nd CoA even had her providing P&L information showing that all her personal expenses were being routed through her company, and that she was claiming rent of $106k per year on her unit which was $1100 per week. Unfortunately Covid then struck and she moved interstate for 8 months because her marketing company works with tourism as one of its industries. But the investigator did in fact state in her findings that her income was at lest again $170k prior to Covid.
The 3rd CoA was put in on 8 Nov 2022, and I received a decision on 23 June 2023…8 months. And the decision; we couldn’t find any income from her businesses, and we’ll keep her income at $28k. Even though she is paying $1,000 per week in rent, has kids school fees, cost of living. Put the objection in early July and as of 2 days ago it still hasn’t been assigned to anyone. And my kids are now over 18 but I’m still having to fight this mess.
In the meantime, Services Australia has gone into my bank account and taken $9,600 2 days ago to satisfy the debt that this CoA is fighting, which they agreed to place on hold because it all relates to the CoA. God knows if/when I will get that money back, but now, an investment has to be put on hold, family trip has to be cancelled and financially I’m going to out of pocket $10k for probably the next 2-3 years.
And this is the short version of the story…..
This system is so screwed up, and the politicians don’t care ONE BIT. If a political party even came to be that said they would fix up the Child Support/Centrelink mess and had a good plan, they would get my immediate vote.
Andrew Lancaster (admin)
Maybe in the 3rd Change of Assessment, the reviewer thought you’d already done well enough, considering your ex was twice assessed at $170k.
From what I gather, the 3rd result is more normal, where the parent isn’t made accountable because their income is unknown. The other parent, in this case, may have been foolish to provide so much information that CSA was twice prepared to assign a high income to her.
Mark Tamblyn
Hello Dr Lancaster, great work you do.
Question on Veterans DVA payments. Does any DVA payments that are tax free be included as income in CS purposes? I was in receipt of a lump sum payment. It does how up in my tax system as a tax free component.
Thanks
Andrew Lancaster (admin)
Hi Mark, Not an easy question to answer. It depends on the nature of the DVA payment. Even if not part of your taxable income, payments can be treated as child support income, or even financial resources (which could come into play if the other parent applied for a Change of Assessment).
What I’d suggest is (a) don’t advertise that you’ve received the money (b) don’t make any income estimates to CSA during this financial year and (c) put in an income estimate early in the following financial year if you’re worried about a large lump sum counting. You could hold off doing (c) until after you’ve submitted your tax return and seen how the lump sum was treated by CSA.
The above assumes the lump sum was received this financial year, not last. You can apply the same strategy if it was last year, which means putting in an income estimate to over-ride the effects of the one-off payment. Only necessary if the income is counted by CSA. You may be OK without having to do anything.
DJ
Andrew,
Im in a predicament, my new partner and I did 4 work books “excel” based on the so called “Non agency payments etc.
It has taken CSA 3 weeks to determine and write back no less than 7 letters, staying that my Ex-wife doesn’t agree to almost 38K in payments directly to her and my 2 children 🙁
I spoke at length some 52 minutes today, with CSA, and they’ve requested I, appeal the decision which takes another 28 days. my previous evidence as miles of OSKO payments to Ex-wife and 2 children bank accounts. Copied and pasted into Excel.
The CSA guy relayed back to me, that whilst he wasn’t calling foul but he said some people could generate fake OSKO payments,
Therefore i’ve tonight downloaded 3 years of Bank Statements PFD files to prove they actually came out of bank account , and now have to print them and post them ? why isn’t there a facility to upload in this day and age.
I also called my lawyer today as we are in the middle of Financial disclosure also.
Bit of a shame the Ex – wife didn’t agree to even 50% 🙁 so now im indebted to CSA for 23K as id have accepted 23K to wipe the debt. which I aim to have cleared in less than 4 months.
The system itself is so antique ! , My ex is living in our 3.6M home / 100’s of thousands in Shares and Super etc etc
Im a self employed builder with a taxable income of less than 108K , I have zero assets as its all tied up in 17 years of an Ex marriage, sadly.
I also find the CSA people very very biased towards men sadly
My .02
Kind regards
D
Andrew Lancaster (admin)
Thanks for sharing.
Mick
Hi Andrew,
Thanks for everything you do here.
I had a limited financial agreement raised against me which has just been terminated since it was signed 3 years ago.
The child support was meant to revert to the formula but my ex has now quit her job and started her own business. She has told the CSA that she isn’t earning any income and they have accepted this. So, I am now stuck with paying more child support again. The ex probably won’t lodge any tax returns with the ATO given she is the director of her company.
My daughter (who the ex has 100% custody of) is 5 years old.
What can I do to ask CSA to be more fair? I plan on objecting to their assessment of her $0 taxable income.
Andrew Lancaster (admin)
If you are applying for a Change of Assessment because of Reason 8 (Earning Capacity), you essentially need to show that her decision to quit her job was likely motivated, at least in part, by a desire to affect child support. You would need to present relevant evidence. The fact that she has immediately put in a $0 income estimate may be part of that.
Steve
Hi Andrew,
Appreciate you maintaining this website as a great source of information for Australian Dads. I am currently paying child support to a horrible thing that trapped me in a “surprise” pregnancy 6 weeks after meeting her… 3 years later I am engaged to a fantastic women and we just welcomed our first child in March. She returns to work in a couple of months and we are thinking about care arrangements for the baby moving forward.
My question to you is can I reduce my work hours (and thus my income) to care for my new child without CSA trying to continue making me pay based on my old income? Better yet am I allowed to leave the workforce entirely if it’s for the purposes of being the primary parent to my new baby? I read on elsewhere on this site that a payee can leave work to care for a under school aged child but nothing regarding payers.
Thank you ????.
Andrew Lancaster (admin)
Any parent with a young child is able to reduce work hours to provide care for them without repercussions. The other parent could initiate a Change of Assessment (Reason 8 – Earning Capacity) but would need to demonstrate that your decision to reduce work hours was significantly motivated by a desire to affect child support. That would be difficult when you have a legitimate, child-focused reason for cutting back on work hours. Ideally, you haven’t written anything, which could be used as evidence, indicating that you are averse to paying child support.
Mick
Hi Andrew,
Thanks for this running this site and continuing to raise the shortcomings of the child support system in Australia. I have always paid child support for my 2 daughters and have no issue with that. But let me run some figures past you as my ex and I have recently finalised tax returns for 22/23 which highlights how inequitable the system can be.
Her income was $76115 so after tax she was left with $59389. She received a further $14896 in FTB payments (including A and B supplements at end of financial year) and $16500 in child support payments. Grand Total of $90785 AFTER TAX.
My income was $104752 which left me with $61646. This is with me having regular care of my girls. The real kicker is that now my income has dropped due to no overtime (which may or may not start again) and I’m paying the same figure and left with less than the minimum wage after paying child support.
And I’m supposed to be able to put a roof over my head,feed and clothe myself, pay the bills and still have $$ left to spend on my girls when they are with me. Crazy crazy system.
Thanks for listening
Mick
Andrew Lancaster (admin)
The formula fails in many scenarios, including yours. Unfortunately, some people will see your financial circumstances as no problem at all. They don’t understand the negatives from forcing people to hand over huge chunks of their earnings without real justification.
RL
For anyone contemplating applying for a change of assessment: do it.
And push through it.
My ex has been running a very successful cash business for years and basically reporting no income at all.
We put together enough info to get the ball rolling and applied.
In the intial assessment, the investigator looked at the information (including the business’s social media which was all linked to her and she was actively posting on, her bank records, etc.), then called her and asked “Is this your business?”.
She said “No” and the investigator basically said “Okay,” and rejected the application.
In doing so she went from claiming “Oh, there’s not enough evidence,” to “Oh, we make our decisions based on common sense, not evidence,” to “Well yes, we have that evidence and common sense says she is running the business, but you know, it’s my decision and you can appeal it,”
So we appealed that decision, and the second investigator came back and said “Oh yeah, she’s definitely running that business,” and made the adjustment.
She initially escalated that to the tribunal, but pretty much the day after all of the evidence arrived (which CSA will send you), she withdrew that appeal.
I decided to request the appeal be re-instated, because I just really wanted to have a very firm record of her actions. The tribunal was able to go further and reinforced the adjustment.
Here’s the important thing I learned absolutely through this process: Many of the female CSA staff are absolutely and viciously sexist. I had one go as far as to tell me my ex was entitled to hide her business income and that she (the CSA staff member) was doing the same.
So you will need to stay stoic and strong to get past those people. But once you do and get to the people who can actually make decisions, they’re good, fair and balanced people (and I say that not being 100% satisfied with the outcome, but acknowledging it as objectively fair).
If you want to raise that COA, do it. Don’t worry too much about evidence, whatever you provide, they will be able to go out and dig up more. And when you encounter sexism, calmly call them out for it and continue.
Andrew Lancaster (admin)
Thanks for sharing. Good to know that winning is possible with a Change of Assessment when someone is hiding income. You may have been lucky because there was a clear lie and a decision-making error, which gave the reviewer almost no choice but to side with you. As you indicated by the story, there is no guarantee of fairness.