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Ted
My ex-wife has informed CSA that she has gone from working five days a week to two days so that she can build her new business (and renovate her house). As a result, I am paying $4000 more in child support for the year. I know this would not be accepted by CSA if I did the same. She told CSA that she would be back to her five day a week income by July this year. My question is, come July, can she then say that her income is staying at the lower level? Do I have any options?
Andrew Lancaster (admin)
There is a process to deal with this: Change of Assessment application (by you) – Reason 8 (Earning Capacity). Only do this if you believe you can convince a reviewer that your ex’s change in work arrangements was motivated at least in part by a desire to affect child support.
KC
Hi,
Seeking some advice . . .
Last financial year CSA made a provisional estimate of my wage of $87k, I didn’t know at the time I could adjust/correct this with my own estimate prior to my tax return being lodged. The short story is I was overpaying as my income came in at $79k. Just shy to lodging my return I contacted CSA to advise them of this. At this time I am currently unemployed and not entitled to unemployment benefits. An arrears balance has calculated based on the “minimum assessment rate”. CSA conceded that providing my return was not lodged late, any arrears balance they had calculated would be offset against the overpayment. Proof was submitted from my accountant that my return was not late and never had been in prior years. Alas my tax return was intercepted by CSA to pay the “arrears” and no such offset calculation occurred. I again contacted CSA to discuss this, they again conceded I was correct, apologised that there had been an error however the money had been sent to the other parent. They told me this would be escalated to a case worker to be offset for future payments, nothing has happened. A week later I was contacted by a third CSA employee who fobbed this action off, attempted to have me commit to a payment arrangement for upcoming repayments/arrears (arrears of approx $300) and suggested my partner’s wage could be up for consideration in meeting my obligations (my partner is supporting me at this time which is why this conversation arose). I have now had three different sets of information, have had the overpayment acknowledged twice but they’ve failed to take any action and I have no current income but still they are hounding me (phone calls up to two to three times a week that last between 45 mins to 1.5 hrs that are just rehashing i’m unemployed with no current income).
How can they get away with such inconsistency, lack of transparency and bald faced unequity?
Who do these staff answer to?
What is my recourse?
How can I escalate my overpayment complaint?
If I escalate this complaint will I paint more of a target on my own back?
Is it worth going as far as the AAT, is this the right forum for complaint and is there a process to go through before I get there?
I appreciated this is an argument over a small $2k roughly so it’s not sheep stations, but this isn’t the first inconsistency and inequity I’ve experienced, having gone through numerous change of assessments and additional monies claims that are baseless. I have approx 5 more years of this and its difficult to cope.
Thank you in advance for any advice.
Andrew Lancaster (admin)
Hi KC. Someone needs to communicate with you clearly about what is going on. Or else you have to try to listen harder. One of the two. I’ll give it to you straight.
When a person’s income drops, the onus is on them to submit an income estimate as soon as possible. If you wait until just before submitting your tax return, that’s the time when the new estimate will be registered and start to take effect. That’s just the way the system is. A person’s taxable income from the previous financial year is what applies unless the parent intervenes. Lodging a tax return with a lower income only affects the income setting going forward. End of story there. You can’t undo that now.
Even though your assessment was off and the result may be unfair, the fact is that you have accrued a debt. That debt needs to be paid, and that’s why CSA keeps contacting you. They don’t care how you pay the debt, which is how the conversation got on to your partner’s income. They actually don’t care where the money comes from. You could borrow, sell something, whatever. No-one cares.
Going forward, here is what I would do. One: forget about complaints, etc. That is going nowhere and will only waste energy. Two: Agree to some sort of repayment plan. Since you are not working, I’m sure they’ll allow you to space it out. Agreeing to a plan will get them off your back and ensure you don’t get hit with penalty fees.
Remember also that, in effect, you’ll get something back when you start working again. Your new higher income will only affect your assessment with a delay.
Nic
Hi Andrew,
My child is 9 years old.
In 2015, his mum and I were, unfortunately, still married.
Back then, we had made applications to some private schools but were unsuccessful in obtaining a spot.
Subsequently, the ex and I were separated and divorced .
The child has been attending public school from Prep.
Would I have any financial obligations to pay school fees if the ex still decides to send the child to private school?
Recently, I have written to the ex that I will not pay for private school fees.
Thanks.
Andrew Lancaster (admin)
No – you shouldn’t have to pay. This is assuming there isn’t a parenting plan in place that allows her to choose schools without consulting you.
What you may have wanted prior to separating isn’t relevant since that was in the past and circumstances have changed. If you aren’t involved in a decision for your son to attend a private school, then the financial responsibility becomes hers alone.
Kaz
I am on 130000 a year and could potentially be in a relationship with a man on DSP. He has one child who he doesnt see. If a relationship was to occur, would he have to pay more child support based on my income.
Andrew Lancaster (admin)
Child support is unaffected by parents having relationships with other people. Only the incomes of the parents of the child matter.
JEC
Hi Andrew,
Wondering if you can help? I have 3 children on my CSA case. 2 of which I have not seen for over 3-4 years yet their mother has stated I have them 14% care & 0% cost percentage. Would you know why this is…?
I know I could ask her but communication is a major issue. I’m going to submit the change to reflect the truth but am worried how that will be effect my payments as I’m already in debt of over 40K in CSA.
No judgement please, this is due to paying private whilst she had CSA collecting without my knowledge & her winning a COA with me stopping FIFO (Claiming it was done so to effect payments towards her) after separation even though there are messages prior to the separation of me stating I will cease FIFO to work on myself.
Thanks for any help.
Andrew Lancaster (admin)
You only get credit for providing care if you have your child or children at least 1 day a week (which is considered ‘regular care’). You get significant credit when you reach this mark. You can see for yourself how it works by using the calculator on this site.
Generally speaking, Change of Assessments are only worth challenging if it seems clear that the case officer made a clear procedural mistake. Once a COA expires, the past is forgotten and you go back to the normal calculation of child support.
Tina
My x-husband has the children every 2nd weekend. Last year, my daughter became sick with Anorexia and required 24 hour care. My days of work and income dropped from full time to 2 days amd my parents looked after my daughter whilst I worked those 2 days. My daughter is now receiving treatment through a psychologist but my x-husband refuses to pay for half the bill. Is there an expectation that he pays for half of these medical bills? I’m struggling financially as it is with taking care of a sick child. Thanks I’m advance.
Daigo
Hi there,
I have a question on child support payments. Why are they taken on a taxable income?Shouldnt they be baised on the childs age?
My ex wife has put a claim through to CSA and everything was taken as gospel, she did not advise them on any payments I make. I’m expected to pay $1100 a month on top of my mortagage which is 85% of my wage how is this fair?
I already pay half of his school and medical expenses, and for the past 3 months I have been covering the cost of his speech patolgy expenses. I have taken out private health insurance and have not asked for any compensation for this.
When speaking to a Lady at CSA she was adimant that i have to contiue paying all this plus child support on top. What money am I meant to be left with at the end of the day.
Now because my ex wifes information was taken as gospel, I need to submit an application to have the child supprot re-assed. It probably would have taken her 10mins to complete her application., Now I have to provide supporting documentation which she didnt have to.
Thank you for your time.
Andrew Lancaster (admin)
Why are you possibly paying for ‘extras’ when you think you are already paying too much support? That’s illogical and complicating your case.
You haven’t explained exactly what the specific issue is, which makes it hard for me to provide guidance.
Assuming you don’t have shared care, you should keep things simple and just pay for what you must pay for or want to pay for without receiving credit. Pay child support, half for things like essential non-emergency healthcare, and for anything you specifically want your son to have. Child Support aren’t in the business of giving credit to parents for paying for things that they don’t technically have to.
Overseas Dad
Hi there – I’m permanently overseas and am paying for childcare costs (there is no written agreement and no assessment has been done) via direct payments to the primary caregiver. If down the track if the primary caregiver wishes to enter a formal agreement will these payments be recognised as contributing child support payments or will I be liable for full back payments as if no support was given?
Thank you!
Andrew Lancaster (admin)
Child support can only be assessed from the time someone contacts the Dept of Social Services. You should get credit for private payments. It helps if there is some sort of documentation (e.g. email correspondence) to demonstrate that the payments are intended as a form of child support.
Jessie
I have 100% care of our 2 children (3yr old and 1yr old) I had a child support assessment done but my ex pays privately straight to me, he choose what to pay a week. I was just looking at my records and he pays more than the assessment says he should, he has his own copies of it. Will I be made to pay back the extra at tax time even though it’s a private agreement and his choice of what to pay?
Andrew Lancaster (admin)
You just have to assume that he may be credited with the overpayments at some point in the future or may start paying reduced amounts to balance it out. I don’t understand the relevance of “tax time” in this case.
Darsh
Thanks Andrew,
It is $3k a month – I wouldn’t complain about paying private school fees if it was $3k annual. I did ask for a change of assessment and they threatened me that I will have to pay more so I withdrew my application. Really think it is unfair. My ex has all the assets and no mortgage. I am living in a rented house. It is unfair just to look at the income. I am not sure why they are not considering the assets.
Nat
Hi,
I have 50% custody of my two children (14 & 16yo). I do not get family tax benefit but my ex wife does. I pay her approx $500 per month in child support (my income is higher) as well as half of all their expenses and I go over and above this.
My partner has 3 children (7, 9 & 13) that we care for almost full time. Their dad doesn’t work and never will (he has the younger two, 2 days a fortnight and the oldest not at all) so she receives no child support and we pay 100% of their expenses. My partner cant get family tax benefit because of my income.
Child support tell me that her three children are part of another child support assessment so I can’t claim them as dependants even though they really are. This is unfair because I support these children like they are my own. I extended my house so they have their bedrooms and we do lots of activities together. Centrelink says they are my expense (because my partner doesn’t get family tax benefit) but Child Support refuse recognise I am paying towards 5 children.
I don’t think I should be paying child support for 50/50 custody. I also think child support should recognise my care for my step children.
Andrew Lancaster (admin)
Exactly right – you shouldn’t be paying child support with 50/50 custody. That’s what we’ve proposed as a basis for a new child support formula. We’ll see what happens at the end of June when the Final Report of the Family Law Inquiry is released.
Don’t agree with the credit for step-children idea though. Your new partner’s children are her responsibility. That only became yours because you chose the path you have. Your ex-wife shouldn’t be involved.
Darsh
I have been paying $3k in child support for the last 3 years. My ex has 100% care of my 2 kids. The $3k includes Private school fees which I signed up to when I was living with my ex. I am unable to pay this as my income doesn’t support it. But the CSA is adamant that I pay as I signed the school enrolment form. How can I stop paying for the private school fees?
Andrew Lancaster (admin)
Is $3k an annual figure? That’s not much if it is.
You probably need to accept what Child Support are saying.
Normally parents are expected to pay half for expenses like private school fees (unless one parent alone chose to enroll) and braces. So, you should pay.
But one possibility is that they would take your income into account as part of a Change of Assessment initiated by you and choose something different from a 50/50 cost split. You would need an extremely strong and convincing sob story though and this almost certainly wouldn’t work if you are a man.
Jamie
Hi my 14 year old son has recently come to live with me back in December 2020. Currently I’m still paying child support for him and I’m not receiving Family Tax Benefit until Child Support sort this out.
My ex is stating she has him every 2nd weekend ( she lives 6 hours away) and 100% school holidays which is incorrect.
My son has told his mother (my ex) that he only wants to spend 50% of school holidays with her and doesn’t want to see her every 2nd weekend.
At present i can’t even afford his school books due to all this.
I have provided CSA with Statutory Declarations from friends, a letter from the school he attends and my son has also provided his own letter to CSA stating when he is seeing his mother.
It is now been 3 months and still no idea of when this will stop.
How can i support my son who is now in my care yet still pay maintenance for him and not receive Family Tax Benefit until CSA sorts this out.
Can you please give me some advice on this.
Andrew Lancaster (admin)
Seems like you’ve done everything possible and I can’t understand the hold up, though sexism is always a strong possibility.
Something I would try is this. Just “Advise a change of care” online (go to my.gov.au > child support > children). You can attach the evidence as well.
Normally, when someone advises of a change in care level, Child Support go with that estimate unless the other parent demonstrates otherwise. So, it can help to be the one initiating the change. You initiating a new application might do the trick if you’re able to do it. Otherwise, you might have to wait. Most govt agencies are good with backdating.
Maree
Hi..
I need advice on what can be done to get my ex to pay child support.
I have 100% care if our daughter.
My ex had his wage estimate as 11,000 per year when infact it was $75,000 per year.
I have done a reassessment through CSA and they found through the tax department he was in fact earning $75,000 per year & the assessment was changed for my ex to be paying about $900 per month in child support.
He has $5600 outstanding/arrears child support that is meant to be paid to me, as well as the new monthly fee of $900.
He has not paid a cent in child support.
Or lodged a tax return for over 6 years.
CSA are aware of who my ex is employed by and have contacted the employer (so CSA are saying anyways)
but still no child support payments are being made to me, from my ex, nor are his wages being garnished to pay child support to me.
Our daughter needed a plate for her teeth last year $1800 to pay, which I had to scrap together to pay on my own and now needs braces next mth $7500 to pay for braces.
I pay for absolutely everything, always have and I’m really struggling to pay for everything, schooling clothing, electrical devices needed for high school this year and now braces as well.
How do I get help with making my ex pay?
I have rang CSA so many times over the last yr, since the reassessment was done but it’s the same thing each time I call.
That CSA are still waiting to hear back from the employer and garnishing his wages.
Or that they don’t have the employers details for my ex, even though I’ve given the employer details for my ex about 4 times now.
Where can I go from here to get some sort of help getting the arrears child support amount paid to me and also getting a monthly child support from my ex, paid to me.
There seems to be no help to make a paying parent.. actually pay the child support amount.
Thank you.
Andrew Lancaster (admin)
Agree that Child Support don’t do enough in this area. The legislation is largely to blame.
We have recommended (A) automatic medium-income levels be used for a payer’s income where they are not lodging tax returns and (B) the Govt offer to buy debt from payees who are owed large amounts. Part B features in our policy video (1st one shown on this page).
Ami
My Partner’s daughter has now turned 18 years old and finished year 12 in December last year. She is not working or studying. My Partner has 2 other Children- a son aged 13 who we care for 50/50. The other son is aged 16 and has refused to go to school, works at KFC and does not come to us as we enforce rules that he does not like (no drinking alcohol). Can someone explain why Child Support has INCREASED since the daughter is no longer on the Child Support assessment? My Partner was on the phone for hours trying to get an answer to just be told it’s to do with the Child Support formula. Seems so unfair considering we the daughter is still financial dependent, my partner still pays for expenses when she comes to stay 50/50. On another note, has anyone successfully lodged an Application to change of assessment Reason 4- The child has income, an earning capacity (in regards to 16 year old son that isn’t going to school yet working and earning a living)
Andrew Lancaster (admin)
The reason the payments have gone up is (i) the cost of 3 children is assumed to be not much higher than 2 children and (ii) your partner’s credit for the share of costs has gone down since the daughter was in a 50/50 situation while another child is 100/0 I’m guessing. The maths here is a little complicated, which is why Child Support haven’t been able to explain it properly.
Haven’t heard much about Changes of Assessment due to a child working. If there is evidence of significant outcome, that should weigh heavily in the assessment process.
Sindy
My question which might sound really stupid is don’t all children cost the same to feed, for clothes, etc. I have been the receiving parent of CS of $30 a month due to ex quitting his job to not pay CS. I am now in a relationship where my partner has one child but is not allowed to see him, but my partner has gone back up to the mines to make a better life for himself but has to pay $2600 pm in CS even though his ex partner is on $140k per year.
How is the system fair.
Andrew Lancaster (admin)
The system tries to get parents to spend the way they would if the split family were all living together as a family under the one roof. That starting premise for the formula is totally unrealistic, which is why it generates such silly assessments in many cases.
In effect here: You are supporting your ex as if you were still a married couple. Your current partner is contributing as if he were part of a wealthy couple. That’s what the formula is doing.
Dave
Hi Andrew, firstly thank you for addressing the concerns as above – it is an amazing effort as some submmisons are valid and some no so much, so again thank you. I have noted there has been some similar questions to this however can I please touch on this again (I read through the court documents on fairer child support but it is a lot of legal jargon & felt there wasnt much in the way of firm answer).
My partner quiet simply does not work and has not for many a year – she is studying. I pay my support as I should and she seemingly sees enough money from both me and the goverment to facilitate the ability to not work. When I have asked CSA previously “can she simply just not work forever” I was essentialy told emoloyment does not come under them (it is worth noting all the dealings I have had with CSA have been friendly and helpful so I acutally dont have a gripe them specically). In saying this, any entity that recieves & pays parties monies DOES have some level of accountability – the old days of washing ones hands are over. My example is – if a large banking corporation knew monies where being funneled to unsavory characters, countries or entities THEY can no long refute accountability, why can a goverment agency refute the eligibility of a recipient of monies they transact? It is a valid question why a parent has not worked for the 3 years since seperation more so, at what point will CSA undersrand if they are transacting money as goverment agency – they do hve a level of accountability? Thanks Andrew
Andrew Lancaster (admin)
Child Support are administering a particular government program. They follow the legislated rules for the most part. So, no, they don’t have to take action when a parent is not working and, in fact, have no legal means of doing so.
Ian
Hi there. I need some advise.. my ex wife cheats her annual salary which makes my child support fo up and up. I have a new family and a new baby and I am really struggling as my new wife does not work, I also have a step child. I see my kids every second weekend and also we share them during school holidays. She has worked full time at the same place for about 15 years and the wages are recorded half in books and the rest is paid cash, this is for all the employees. At tax time, she says she only makes $34000 which is just ridiculous, she is paying a mortgage how can she live? I called the tax office to make a complaint as it’s just not right. I agree I should be paying child support to support my kids and their expenses, just not the amount I’m forced to pay because she cheats and says her salary is like half of what it actually is. She is living this comfortable life with her new man, when I am struggling and just want it to be fair.. what else can I do? Can’t they see that this is impossible to live a life like she does, pay for a mortgage all on her low wage? I am so stressed I have been doing this for 4 years and nothing changes..
Andrew Lancaster (admin)
I hope she can keep her job and continue to support the kids despite you apparently dobbing in her employer to the tax office. Her income is only one part of the child support formula. Your payments probably wouldn’t go down dramatically even if she reported correctly.
Jack
For what’s its worth – otherwise known as my two cents worth….from time to time I queried aspects of the CS system on this website and the advice has been on point. From a lot of the comments I read on here I offer the following reflections
– stop being angry or look to be vindictive to your former partner. Make a conscious choice to let it go and spend that energy focused on your kids
– yep the CS system is crap and there are many stories from both payees and payers who have been dealt a shit hand from our ‘friends’ at the Agency. Getting angry doesnt help. Learn the rules of the game (as best one can)
https://guides.dss.gov.au/child-support-guide
and yes we know the system isnt working or fair.
To provide context to my comments
– i stuffed up and didnt put in my 2 years tax return on time as i simply kept meaning to do it next week….; I continued to pay CS but because of a redundancy payment CS determined i underpaid and had a large debt. I made arrangements with CS and focused on paying it off. I am not pretending I wasnt angry as in my view some of the accrued debt was applied to periods when i wasnt working- but I caused my problem
– I have been in situations where my children were meant to come and visit me o/s but this got cancelled. I moved back to Australia and dealt with reality. some 5 year later both kids now live with me – their choice.
– the other party has accrued a CS debt and my view is i dont expect to see a cent. Would the money be helpful – of course it would be; i am content to have my kids with me and know that the CS i would have had to pay can now be used for them (actually less as I am buggered if i know how you spend what I was paying in CS each month on kids…)
At any rate – keep up the great work and we no doubt all look forward to a more equitable CS system.
B
I have been separated for 10 years now. : kids 20,17 and 10. My ex has not worked the entire time. His house belongs to his father (he does not pay rent & his father also pays the bills) & I assume he claims parenting payment on less that $18K declared. He’s not done a tax return in 6 years. I pay for everything re: kids (health insurance, phones, all activities including getting them to and from as well as school fees and uniforms) for the kids. Just wondering why I have to pay him child support when he elects not to work, doesn’t contribute to any expenses & takes his girlfriend on 2 x :3 week holidays per year (I work 6 days to pay my kids expenses & fine with that except I feel he is taking full advantage). We have 50/50 custody of 10y old (17 year old about to turn 18). Is there anything I can do to ensure my CSA payments go towards the expenses for the kids that I currently pay?
Many thanks,
Bree
Andrew Lancaster (admin)
Hi Bree,
The reason why you have to pay child support is because of the unfair formula we have in place at the moment. We have been lobbying to have it changed so that child support starts with a principle that no support should be paid when care is 50:50. Family Law Inquiry are looking at the issue and will report by 30 June.
Through a Change of Assessment, it’s possible to remedy things like a parent reducing their income or not contributing to large expenses such as dental braces and private school fees. However, unfortunately, I can’s see any paths for you to get a fairer outcome based on the info you’ve provided.
Charlotte
Hi Andrew- is there any clear information on how CSA assess income including redundancy payments. My husband is likely to be made redundant in the next few weeks, and with >10years service is eligible for a significant pay out. From what little information is around it seems like the payments will all be included as income, and we’re concerned between that and salary paid to date would then blow out his next assessment, when there’s a chance he won’t be earning an income at all while he finds a new job or a works on new qualification. I seen some other advice in this forum about declaring a new (lower) income for the following financial year but that would seem to then be underpaying- is there a mechanism to continue paying at the previously assessed rate for the length of the redundancy package (e.g. if you’re paid out for 12 weeks, then keep paying at old rate for another 12 weeks), which would seem like the sensible thing to do. I don’t know how we can manage paying double the current assessment if he’s no longer got an income- the payout will not last as long as it’s meant to if expenses go up like this. Working it out with the Payees is not an option; they’d have him live in the gutter if it put another dollar in their pockets.
Andrew Lancaster (admin)
Well, you know the strategy to avoid over-paying. I wouldn’t mess around trying to be fair to the other parent lest you get burnt. If your husband feels he is not paying enough, then he can pay extra in some other way.
michael young
Andrew , so you understand my request for information is genuine , here is my personal web page . http://www.michael-young.com My request for information and support is real . The family of my ex wife are very powerful . He negotiates for Kerry Stokes and people of that ilk. I am powerless against people like this . How can I find support . I was abused by the family and need help.I have 2 children , Jasper 3 and Freddy 1 . How may I find support ? Men’s line is only available for AU men The CSA offer no support at all for the likes of my self . I love my sone Ruben in Melbourne with his mother and defacto partner. I need support an help as a good person . What should men like my self do ?
Andrew Lancaster (admin)
My advice is to stop conflating issues. Keep it simple.
If you are paying a large amount of child support due to a private agreement, then you probably need to consult a lawyer about how the terms may be altered or some sort of relief obtained. Show them the document.
Maybe go to Facebook if you want some other type of support. There are groups such as Australian Brotherhood of Fathers, or Fathers Soldiers.
The main point of this forum is to provide practical financial advice. That’s what is really needed in most cases. Often, people just need to deal with the issue at hand in a logical way and then move on to something less emotionally draining.
michael young
Thankyou. , I am a dyslexic, and shall ask my wife to repeat them in the next days , apologies
MY
michael young
So you have removed my question from the forum ? Yet another intent of abuse to honest men ? Or not
Andrew Lancaster (admin)
Your comment was removed because I couldn’t understand what you were saying. When you write something in a public forum, you owe it to others to try to be clear and to remove typos, spelling mistakes, etc. Don’t expect everyone to love reading an incoherent rant.
Mark
Is Child support Adversarial or Inquisitorial when the other side make false accusations? Do I need to prove my innocence or does the other side need proof, before the CSA will act?
Andrew Lancaster (admin)
This question is too vague / general to answer.
Suzanne Hill
Hi, My husband has been paying child support for the last 7 years. There has been court orders in place for the last 5 years. During the 5 years the mother with held the child for 2 years. Unfortunately the mother is now terminally ill and the child is living with the father (my husband) He has contacted child support to notify a change of care, but the mother does not agree. It has now been put forward to a case officer and he sent in evidence of text messages and emails stating that the child to live with the father. Should the mother be charged with fraud and have to repay the money back?
Thank you
Andrew Lancaster (admin)
She should pay the money back but I don’t see her being charged with fraud. Child support is an administration system and isn’t about creating criminals out of parents.
Jack
to clarify my earlier comment – the issue around income was set following an appealed change of assessment process. My understanding is for either party to challenge the current CoA is to appeal to the AAT. Notwithstanding this my income will be different from the amount set through the CoA process so looking to understand the implications of this
Andrew Lancaster (admin)
A Change of Assessment (COA) decision is final. When you appeal to a higher authority, you appeal against the way the decision was made, not because of a change in circumstances.
Only way I could see it being overturned is if one parent applied for a new COA and Child Support agreed that, due to exceptional circumstances, they would re-assess. In other words, don’t worry about your income being different – no impact.
Jack
Where through a change of assessment process an income level is set for a period of time by the CSA and this amount differs from your actual income reported through the ATO can and will the CSA reassess your obligations based on actual income and not on the income they set
Paul
Hi Andrew,
Just wondering if there is any news on the reform ? was it ment to be actioned in Feb 21 ?
Really hope they look at the fairness around child support
Currently paying 3100 a month and its crippling me.
Andrew Lancaster (admin)
We’ll have a good idea about what’s happening with child support around 30th of June 2021. Looks like they’ve been paying attention. I told the committee in a telephone meeting and via multiple submissions that they should, and easily could, fix the formula and other parts of the system. Here is the update from the Inquiry.
FAMILY LAW INQUIRY UPDATE:
The committee was originally due to present its final report on or before 7 October 2020. On 31 August 2020, both Houses of Parliament agreed to extend the reporting date to the 25 February 2021.
The committee has agreed to table its second interim report by 16 March 2021. The committee intends the second interim report to detail its views and recommendations on the family law system.
On 22 and 23 February 2021, the Parliament agreed to extend the presentation of the final report until 30 June 2021. The committee intends that the final report will outline the committee’s views and recommendations on the child support system.
ROss
Hi, great forum very informative. I have a quick query regarding capital gains. I have recently made a capital gain of approximately $50k. I am trying to confirm if this affects my child support requirements for this financial year. I know I can make an income adjustment for next year. Doing a quick calc with a child support calculator I could end up having to pay an additional $7-8k in child support for this financial year. I have tried get an answer from child services and tax agent but I don’t seem to be getting a clear answer. I just need to know if I need to set aside funds. Appreciate your help.
Andrew Lancaster (admin)
Normally, child support for the current financial year is just based on last year’s taxable income. So, if you just let things run (and haven’t already done an income estimate for the current year), the capital gains should have no impact for 2020-21.
Brad
Hi,
I have 50/50 care of one child and pay $180 per month based on income formulas for both myself and ex partner.
I will be leaving work shortly to start another job and will have Long service leave and annual leave paid out as a result. Are these amounts counted as income when working out an assessment? If so, Will I have to pay extra monies as backpay for the current FY as it will significantly increase my income for this year?
Andrew Lancaster (admin)
Child Support work off taxable income. Income only affects the following financial year’s assessment unless (a) you have already put in an income estimate for the current year or (b) you are stupid enough to tell Child Support that your income has risen.
You can prevent a large lump sum affecting your assessment for 2021-22 by putting in an income estimate in early July 2021.
Sabrina
I have 100% care of my 7 year old son, who has a disability including epilepsy. His Father is a sole trader earning money through his business and pays himself a low wage and receives cash payments. He did not pay his very small amount ($25 per week) of child support for years and didn’t submit tax returns. When he finally did, the Tax man paid the upstanding bills. He then set up a direct debit into my account. I then submitted my Tax and I earnt money money than him. Because of the direct debit that I did not ask for or request or even approve into my account, I received a bill to pay the child support back. -WTF- I refuse to pay this bill. I have supported this child and paid all medical expenses on my own. I was never notified of this direct debit. It should be illegal for Child Support to put money into my account and then make me pay it back. I am seeing a Lawyer I want to know where I stand and if I can fight Social Services for this type of activity. I do everything right, this is your error and The Fathers Error not mine. Child Support Agency needs to ask Social Services for an inquiry. The system is a joke.
Ian King
In 2018 the CSA fixed my income during a COA process and locked in the amount until 2021. My business collapsed due to covid and I have earned no income for the past year. I informed CSA, however they ignore the new financial situation and continue to apply the COA deemed income. To add insult to injury they then charge penalties for non-payment.
Andrew Lancaster (admin)
Did you formally apply for another Change of Assessment? That would be the way to get the assessment changed to reflect the new circumstances. A case worker can’t just over-ride a COA decision on the spot.
An absolute Mess of a private agreement overpayment..
My partner had a private agreement through Child Support with his ex. In lieu of child support collecting payments, he was to pay into their old joint bills bank account an X amount to cover mortgage and other bills in the agreement a week until their house sold.
She to had her amount to cover, she would have money put in from her employer and at the end of the fortnight transfer herself what she believes she overpaid. Over the last 2 years he has adjusted the amount to what she tells him since only she receives statements and bills and controlled the allocation of money. Anyway house is now sold.
He was going through the bank statements for the joint account and found that he has indeed overpaid by $7000. He asked her for copies to clarify this figure. She was adamant hes never overpaid.
So….
What would be smart scenario options he can to give her after final parenting orders are signed to recover the money from her without her starting an argument or threatening him with court again.
From watching on the side its clear she is a very selfish and money hungry woman and if he has owed her $20 in the past she has forced it be repaid then. But if he has paid all of an agreed cost at the time she has never paid him back.
He’s mentioned a possible overpayment and asked for copies of bills, notices, etc and she was on the defensive straight away, refused to give it to him and saying get it from her lawyer.
I need ideas to help him approach the situation with different solutions that she would thinks benefit her after the final orders are signed.
Jayden
I am not on my daughters birth certificate as her mother chose not to add me at birth. I have recently started seeing her again after being denied access by her mother for a year. She has now applied for a child support assessment and is again withholding my daughter until the assessment is complete. I am still not on the birth certificate. The paperwork to have me added has been completed but not yet signed or sent away (it is with the mother). Do I currently have any rights/a say in seeing my daughter? Can a child support assessment go through before I am added to the birth certificate?
Andrew Lancaster (admin)
The only proof Child Support can accept that a person is the father of your child is:
If the person is named as the father on the child’s birth certificate
If the person has sworn a statutory declaration that he is the father
If you and the person were married when the child was born
If you were living with the person when the child was conceived
If the person has legally adopted the child
If a court has made an order that the person is the father
Source: https://www.legalaid.nsw.gov.au/publications/factsheets-and-resources/taking-action-to-get-child-support
If she cannot prove you are the father to Child Support at the moment, then don’t give her that. Demand first that you agree on a parenting plan, and turn that into a court order. I recommend you put a solid access arrangement in place before cooperating with child support.
DW
Hey Andrew, thanks so much for what you do, I hope you understand how it helps to have your sympathetic ear and an informed opinion.
My ex & I have 50% care of our children & (due to us both having variable incomes), an informal agreement in which we use the formula on your website to calculate child support payments monthly. My ex has recently sold a property (which was part of our property settlement). What are your thoughts on the capital gain (maybe $350k) affecting her payments to me? I ask your opinion in a technical sense and a moral sense. Morally, I feel that the capital gain is hers alone, but is this how the child support agency would see things?
Andrew Lancaster (admin)
Thanks DW.
Child Support just work off taxable income normally. If the property is not her family home, the capital gains would add to her assessable income. That would change the assessment dramatically for next financial year, though she could avoid that happening by submitting an income estimate for 2021-22 in early July.
Morally, I agree with you and wouldn’t worry about it. She seems like a reasonable person.
Lee
Hi, our care agreement is 70% me and 30% him. I make $34K a year and receive approx. $16K in child support fairly regularly. When it comes to school fees, he is adamant that he will not pay a cent towards them as they are my responsibility. I don’t think this is fair and I pay half. He’s wage is $119K last tax year. I am working hard to get more hours and money but atm it’s hard to make ends meet if I’m responsibly solely for all school related expenses. I know there are no hard and fast rules around this, but I am considering whether I need to accept that this is how it is or take it further and seek legal advice. Note we have just finished with a court order where he has been ordered to pay me out. Which I had to push hard for many years. Now he is extra bitter. Seeking general advice and a fair opinion. Many thanks.
Andrew Lancaster (admin)
Am assuming you are just talking about regular school-related expenses and not private school fees.
There are no rules around who pays for minor expenses (even if the cost adds up over time). So, I don’t believe you have any legal options.
Frankly, I am on his side with this one anyway. You have primary care, get credit for that, and are receiving a large amount of child support. Maybe you should be thanking him for being a good provider instead of trying to extract more money.
Anon
If the taxable income of a receiving parent (of child support) is greater than their income estimate, does the CSA re-calculate the amounts previously paid and apply a credit to the paying parent?
Andrew Lancaster (admin)
Yes – Any parent who under-estimates their income will have to make good after submitting their tax return.
Dan
Hi
I was out of work for 3 months (was receiving centrelink which CSA were taking out a set amount each check along with I had direct deductions from my previous employer etc) but because I hadnt called them to notify I wasnt working they kept what my otiginal payment should of been. Im now more than 3k in arrears and CSA says they cant back date it and its a case of to bad so sad you owe it. How can I owe a set amount if I wasnt working? I asked if I had a seperation certificate and bank statements showing only income as centrelink that ot made no difference???
Andrew Lancaster (admin)
Child Support make parents responsible for informing them of income changes. That makes the scheme easier to run, and is why you are not getting credit for payments made while you were out of work.
Rule of thumb: Inform Child Support immediately if your income drops.
The lower income will reduce future payments, so all is not lost. If you are struggling to pay off debt, just ask to talk to them about a repayment arrangement. They are generally good about agreeing to debt being paid off gradually.
Can
I am a single mom with 100% care of my 2 year old daughter. My former partner works long hours on cash and shows the basic pay on tax. I have been carrying all expenses of my daughter. He has now started paying $100 per month with his false work statements and I am struggling paying all expenses with my full time job and he is getting away working double and long shifts on cash. I do not know who to contact to investigate on this matter. Please advise.
Andrew Lancaster (admin)
Not much you can do. Have heard many stories about people earning cash on the side and am unaware of any cases where Child Support have taken action (with the exception of people running a business or being involved in a family business).
Ideally, he would also be providing care, giving you greater opportunity to work while also connecting a daughter to her father.
ross
I currently have, and have always had since separating 50% shared care of my two children. As this suggests, I pay for everthing when in my care. Food, clothes, holidays, medical etc. On top of this i pay child support to my ex wife who has a history of manipulating her income through cash jobs, business write offs etc. I have won a previous change of assesment decision from her writing off huge deductions in her self employed business tax return.
She has in recent years worked for her defacto partner in one of his many businesses. He is very succesful and a self made millionaire. She decided before moving in with him and taking on this new role to take time off from working. So in a six month period last financial year she earnt $13,000. Not even enough to cover her rent! let alone pay expenses. Child support agency said to me, Too bad, I cant dicatate to her how much to work. ??? So my child support goes up
Fast forward to this financial year and she is on jobkeeper in her defactos business. So her wage which was $50k, drops to $36k less deductions(which history shows will be substantial). On top of this I received a pay rise. So my child support goes up. Yet she has holidayed all over Australia during this time. She lives a lifestyle that i cannot afford. Again, child support agency have said, too bad. I cant tell her how many holidays to have or for her to look for another job. basically mind my own business and just pay
She is making a mockery of this system and i have to pay the penalty.
I am not a deadbeat dad who never sees his kids and dodges child support. I have them 50% of them time. I pay 50 % of their upbringing + child support, so thats probably closer to 75% of their upbringing.
She lives in a household and relationship where money will NEVER be a problem but I still have to pay her because she earns less than me? I do not expect that her partner should be financially responsible for my children, but she does not have the same living expenses that i do because he covers it all. Why does the Australian government insist on sticking with this system when in a 50/50 situation it simply does not make sense
Andrew Lancaster (admin)
You’re preaching to the converted. We have been saying for a long time that, with a sensible child support formula, no support would be payable when care is 50:50.
Gordon Oliphant
Hi I initially had shared care , no court mutual agreement with my daughter, I filled for divorce on the day the affidavit was issued to my ex she stopped all contact I had with my daughter. She informed the Csa she had 100% care my liability for child support jumped and was back dated so I initiated arrears.ive being paying the arrears off each month along with my regular payment. They have told me it’s not enough and issued a third party payment from my bank account, I can’t see how they can do this legally as iam paying it of but they can’t tell me the minimum amount but they want it all.$967.00 what gets me is my ex can do what she likes but once more I have to pay the price.
Andrew Lancaster (admin)
If you had agreed on a repayment arrangement with Child Support, they wouldn’t be raiding your bank account.
They are just collecting a debt. The lack of access to your daughter is a different matter that is not their responsibility.
nicole dean
Hi
My ex of our almost 3 year old daughter is a sub contractor and has usually earnt between $80-$90k a year. After leaving the abusive relationship, I currently have sole care of our almost 3 year old daughter due to his mental illness/substance abuse/family violence. Because we are going through mediation and he can’t currently see his daughter until agreements have been met pending court he has changed his annual income from $49k per year to just $1279 a year…. he’s paying $4 a day for his daughter. I do work full time and am also a full time student so I’m glad I’m not overly reliant upon his financial duties for the care of our daughter.
My question is do I call child support to query this? Or when he does his tax return at the end of the financial year and his income is grossly been underestimated will he have to back pay me? What should I do? Thank you kindly
Andrew Lancaster (admin)
I don’t think you should do anything. It’s not your problem or job to sort his income reporting out. As you seem to be aware, his actual income should eventually feed into future child support assessments. Payers gain nothing in the end by under-reporting income ahead of reporting their true income in a tax return.
K A H
When does my ex partner need to return to work?
In June she will have 55% care of our 2 children ( 3 and 6)
At our financial conference we settled at %55 / 45% split of assets to her.
She has diploma in childcare but has said she doesn’t want to return to work every. I’d fit and healthy. When we were together she worked full-time except when pregnant.
Andrew Lancaster (admin)
A Change of Assessment (Reason 8) could only work if she has recently been working and then reduces her hours – without a good reason and with the likely intent to affect child support. Those are the rules in the legislation.
Lily
My partner currently pays child support for hes 2 kids, was made redundant from hes decent paying job and received a payout. Hes ex has gotten most of hes payout and is no one a very low paying job which he is struggling to pay childcare support and basic living expenses. Its not that he doesn’t want to pay for hes children, but is there something he can do to review the payment amount?
Andrew Lancaster (admin)
He can submit estimates of his income to Child Support. This has to be done by financial year (i.e. for 2020-21 and, after 1 July, for 2021-22). Only put in an estimate if his income is likely to be lower in the current year than what it was in the previous year.
Jamila
Hi,
For 5 years I never pursued CS as we have 50/50, however I lost my job due to COVID and haven’t found another since. I applied for Centrelink and received one half payment, with a decent amount taken because I had not applied for CS. CS is something I didn’t want to pursue as my ex is extremely abusive to me and constantly threatens to take the kids away. He received the letter from CS and the threats and abuse have started. Can I apply for an exemption due to DV or harassment of some sort? I don’t want his money but Centrelink is forcing it.
Andrew Lancaster (admin)
I doubt that you could get an exemption from having to try to get child support based on abuse, etc. That’s too complicated an issue for a payments program to deal with.
Why do you put up with abuse? If you ignored your ex every time they tried, surely they would give up after all these years? You probably should (1) apply for child support and (2) re-think your approach for dealing with your ex. Suggest you only communicate with your ex in text form. This system I created may be useful: https://timtab.com/easy-parent-communication-plan/
Pete
My former spouse committed fraud by lying to Child Support, that I had never paid her anything for care. Whilst you have many warnings about prosecution consequences for misleading information being given, I provided written evidence of payments and of an agreement written by her lawyer as to the private arrangement. Yet, she was not prosecuted and CS demanded and then took $6,000 from my employer whilst my written submissions were not reaching CS due to antiquated email systems. Has anyone ever been actually prosecuted for lying about moneys already received?
Andrew Lancaster (admin)
Put yourself into the shoes of child support administrators. Why would they bother trying to bring criminal charges against mothers, etc for supplying dodgy info related to child support? What would you do in that situation?
Tom
Hi Andrew,
I was working in mining and ex partner did not work for 8 years during this time. We have gone through court she got most of the super and has primary care of the kids ( I have them 4 nights a fortnight). I got out of mining last year and started working in my trade. My income is and always has been accurately declared. As a result of my change in career, the children support to my ex dropped significantly as my income went from +100K to <$60K. My ex started working again as a result. I never enquired with CSA whether my ex declared her change in employment status at this time. My ex has recently disclosed that she has begun an apprenticeship trade full-time, which means she is likely earning close to the same income as me as a trade. I'm wondering it is is now the time to ask CSA if my ex has declared employment and whether this will impact my payment amount? Also I would like to have it noted and on file that my ex is capable of working and has an earning capacity incase she decides to stop working for whatever reason in the future or gets sacked. There is currently no evidence to suggest that she has ever been capable of working. Your advice would be greatly appreciated.
Andrew Lancaster (admin)
Income in the child support system is based on taxable income. No-one has to inform child support when their income goes up. Higher income eventually feeds into assessments via the tax system.
A parent can apply for a Change of Assessment (Reason 8) if the other parent has reduced their income and there is evidence that it may have been done with the intent to affect child support. The review process is messy and shouldn’t be entered into lightly.
Joy
I have a formal private agreement with my ex. Early last year this person made an objection to the care percentage, and I received less money. I objected to the objection and after 1 year, HSA found correctly in my favour. I am now owed over $2500 according to HSA, but because it was a private agreement, they cannot enforce the backpay. I told my ex what is owed and they flat out said they wouldnt be paying any backpay.
How can I enforce the ex to pay what is owed? I don’t want to go down the court route as I have no doubt I will spend more money on lawyers than what I am owed. Any help appreciated..
Andrew Lancaster (admin)
If you don’t want to go to court, you will have to get creative. You could, for example, try (i) working it out through mediation (ii) withholding money (as a form of repayment) when you get a chance down the road or (iii) threaten to take her to court if she fails to agree to a repayment plan (which would be helped if a lawyer makes the threat for you). As an initial step, you could document the debt clearly and inform her that you fully intend to have it paid back, no matter what it takes.
Child support non payment
I currently have my kids 100% although my ex pays for 82% which is $840 a fortnight. This is an assessment by CSA which is collected privately. He has threatened twice to stop paying child support and said he may resign from his job. What are my rights here?
Andrew Lancaster (admin)
If he quits his job to get out of child support, he would be in serious trouble if you applied for a Change of Assessment (Reason 8) – especially if you have any tangible evidence that he wanted to reduce his income to affect child support payments. Child Support would be inclined to put his income back to its former level for child support purposes for a period of, say, 2-3 years. They have bankrupted paying parents this way before.
A
For the last five years I have been paying child support to my ex, with whom I share care for my two children 50:50. In addition to this I also have been sharing costs for school, sports and extra curricular activities as well as any major medical/dental costs. Lately there have been some disagreements about these additional contributions that she feels I should be making and she has been threatening to report me to the Child-support agency as well as to the police. I have spoken to the child support agency and they have reassured me that as long as I keep paying child support that all of my obligations are met.
In reading many of the questions and responses on this site I realise that I have been naive in all of my extra contributions and realise that they have been over and above what most people do.
My worry is that if I retract all of the additional contributions then she will restrict additional activities and the children will suffer.
Does she have any recourse to try to claim that because of the long history of additional contributions, that these need to continue?
Thoughts?
Andrew Lancaster (admin)
Who pays for what is largely an area without rules. It’s up to the parents. Having said that, Child Support can intervene (via a Change of Assessment) for certain large expenses such as private school fees, medical procedures and dental braces.
When you share care 50:50, you’re generally expected to pay for half of joint expenses of the kind you mentioned. Child Support could require you to pay for more than half in the examples I listed above because of a higher income.
While your ex’s threats are silly, you are still a parent. You should be paying your fair share even after paying child support. But, given you are paying support, you should also expect your ex to be contributing at least as much towards joint expenses. She can’t exactly whinge that she doesn’t have the money.
Confused Dad .
Hi I pay my ex on private collect above the specified amount evaluated on the Centrelink site as o want to provide my children with a high standard of living . It has come to my attention that she has received a very substantial payout from a work related injury but she won’t disclose the amount so I can assess if I should be paying less moving forward this surely has to be classified as income and should effect joe much I pay . What is the law regarding this please ? . She also has a slightly higher income than me due to a promotion . Am I justified in my assumption?
Andrew Lancaster (admin)
This is really a straight tax question. Personal injury compensation is generally tax exempt. Suggest you do further research. You could start here: https://polarislawyers.com.au/legal-compass/tax-on-compensation
Anon
My partner shares 50/50 custody with his ex and has done for 2 years now. For the first 18 months he paid his ex child support as he earned more and she only worked part-time/cash in hand while studying. During this time he also began setting up his own business. Due to being self-employed, having a relevant-dependant child and his ex now working full time the roles have reversed and his ex is now assessed to pay him child support (although this will likely change again in the future as the business begins to do better). The ex is disputing having to pay and has said she will be putting in for a COA, is it likely that CSA will increase my partner’s income/make him the paying parent again. His ATI for last year came in below the self support amount, does he have to provide an estimate for this financial year or is it fine for him to wait until the end of the financial year (he has been stung in the past with estimating income)?
Andrew Lancaster (admin)
You should never put in an estimate for a higher amount of income that what you earned the previous year. If no estimates are put in, the previous year’s income applies to the current year.
Change of Assessment processes are set out in the child support guidelines. For his income to be set to a higher level, the review officer would need to be convinced that the change in work arrangements was motivated, at least in part, by a desire to affect child support. He should be OK if there is no evidence of this and if he is careful with what he says or writes.
eamon
If a mum refuses to put dad on the birth certificate, refuses a paternity test and refuses to seek child support will she still be entitled to all the govt benefits?
Andrew Lancaster (admin)
Probably. If they insist she tries to get child support to quality for all benefits, she could just say that she doesn’t know who the father is.
Anon
I have 4 kids 50/50 and I pay $1000 a month I split schooling and sports she quit her job last year and since then hasn’t gone back to work and continues to not go back to work my amount has since increased due to this all kids are at school so no reason for her to not work I work 6 days a week to help support my family and have to pay out more to her she is very comfortable on her centerlink payments and my child support. How is this fair and what can be done about it ?
Andrew Lancaster (admin)
You could apply for a Change of Assessment (Reason 8). You would need to convince the review officer that her quitting her job was motivated, at least in part, by a desire to increase the amount of child support she received. Any evidence would be important. Please try using more full-stops when writing to anyone in the future.
Supporting new partner.
Hi. My partner and I are about to move in a home we have purchased together. We are planning to marry next year. Currently he pays child support to his 14 year old daughter and as he earns a high wage, he pays a lot of child support. He also pays a lot of tax. I have injuries through a car accident a few years ago and can’t work so my partner wants to support me. His daughter received an inheritance of $200,000 which his ex wife and daughter used to buy a house. His ex wife does not work despite having a law degree and receives a carers allowance as the child has mild autism. While he doesn’t mind paying child support, he feels it’s unfair as $320 a week is too much when his trying to get on his feet hence why he works away 12 hour days, 3 weeks straight and only has a week off a month. He doesn’t see his child as his work commitments doesn’t give him much time and they moved a long way away. He talks to her regularly on the phone. His ex wife has no intention of going back to work and they are living in a very expensive home they purchased. My question is, if my partner has to fully support me, could this reduce his child support payments? As mentioned he doesn’t mind paying but it’s so much money and it’s upsetting to see his ex living a Hollywood lifestyle from his money while we are struggling to buy a home and make the repayments.
Thankyou for your help.
Andrew Lancaster (admin)
I don’t believe there is a way that you can use your situation to reduce child support. Payments drop somewhat when a payer has an extra dependent. But a “dependent” generally refers to a child, not a spouse.
G
Hello. Great forum!
My partner is paying CS to his ex via private collect. His ex receives an assessment document from Centrelink which shows both their incomes and the amount he is required to pay. My questions are: why does this document not come to him directly as the payer? Is it only generated when both have lodged a tax return or just him? It seems odd that he doesn’t have access to this document. He is working full time, she is receiving Jobseeker, so I don’t believe she would even need to lodge a return. Thanks in advance.
Andrew Lancaster (admin)
Child Support can send out statements any time there is an assessment update for any reason. Generally, the information is automatically sent to both parties.
Brooke
My question is I currently receive child support from my ex and I really want to enrol our daughter into a private school as she has high medical needs and they can cater to her better then the local school. I can not afford to pay full fees myself but would be quite willing to go halves in the cost of the school fees. He does not wish to pay the school fees and wants her to go to the local school. Can I enrol her and make a claim for half the school fees.
Andrew Lancaster (admin)
You would need to convince a Change of Assessment review officer, with supporting evidence such as a statement by a medical person, that attending the private school is essential for your daughter.
Karl
Hi
I share my kids 50/50 with my ex. Prior tonour separation she worked part time as our youngest was in day care. Now one is in prinary the other high school.
Due to the pay discrepancy i pay 100% childcare cost around $15k per year.
As part of our separation i gave her $200k+ in cash. She quit her job and doesnt work, she has worked many part time jobs in the past and full time before the kids plus she has all the cash sitting in the bank.
I have a house but a large mortgage over it and no other assets, would i be wasting my time trying to ask for a review of child support based in the fact she can work full time but chooses not too and also has large financial resources?
Thanks
Andrew Lancaster (admin)
Yes – you would be wasting your time asking for a review. She’s not extremely wealthy and doesn’t have a significant recent work history.
hevsie
I have full time care of my daughter, my ex left 7 years ago and is interstate in Dawin.
My ex hasn’t done tax returns for 4 years since 2013-2017 these years I was getting less than
$35 a week as he was job hopping and i could never find out where he worked. After 2018-2020 i found out his job and started getting regular payments as he stayed in the same job. Strangely he has done later tax returns 2018-2020 however doesn’t have to do the 2013-2017 (which is the amount this is unfair)
He is now “not working” again, I have always worked full time with a average wage however I can’t get benefits as my partner has moved in. My partner’s ex also isn’t working and he pays $300 a week for his two kids (they both go to private school)
I have submitted continuously to the ATO to try to get him to do the undone tax returns.
I am sooooo scared financially and don’t know what I can do.
Andrew Lancaster (admin)
Not much you can do. ATO are weak when it comes to getting people to do their taxes.
Jimbob
My daughter refused to come to my house last year. I used to have 2 nights a fortnight custody but I guess teenagers don’t like staying with the ‘strict’ parent. It’s been almost 12 months now and my parents have had my child most of the year for the nights I used to. I see her now and then when she’s not working or studying but I’m paying my ex for those the 2 nights a fortnight she’s not at home. Can I claim this as custody since my parents look after my daughter for those nights?
Andrew Lancaster (admin)
Yes, you can claim care time for nights your child spends with your parents. But you need at least 52 nights a year to get any credit. And, in practical terms, you risk losing some or all of those nights from your family if you try to get money out of it.
Dallas
Hi just wondering when we are going to hear something from parliament about the changes how much longer do we have to wait for a change
Andrew Lancaster (admin)
The Family Law Inquiry reporting date is 25 Feb: https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Family_Law_System/FamilyLaw
polewest
Hi,
I have a couple of questions:
1-I separated with my ex wife 4 years ago and have been paying child support for our 4 kids to my ex wife who does not work and has not worked for 15 years. However, she does have several qualifications which would enable her to work (foreign language teaching master, diploma of hypnotherapy,..). She does not really want to work and the family benefit as well as the child support she is getting is sufficient for her to have a living. She has last year started to study art instead of working. I had to reduce my working hours to look after my kids while in my care which obviously impacted my income but on the other side my ex wife has not really started to work as their is no incentive. I am feeling this situation to be unfair since I am supporting her non working lifestyle. Is there anything that can be done?
2-I am currently paying child support for 4 kids. When my oldest turn 18, she will probably go to university and I will likely be the only parent to support her studies as I do not see my ex wife providing for this due to her non working lifestyle. Moving from 4 kids under 18 to only 3 seems to have little effect on how much I will have to pay my ex wife for child support (based on the child support estimator) as it seems that my oldest child is not anymore in the calculation. Is there anything that can be done to account within the child support calculation for the education support expenses I will have to pay for my oldest child at university?
Thanks in advance.
Andrew Lancaster (admin)
Unfortunately, nothing you can do. Parents with a long history of not working can get away with that. Once kids become adults they leave the system (even though many parents are still helping their kids into their 20s). There is also no mechanism for gaining credit for education funds.
You’re right – more than 3 kids are assumed to add nothing to what parents spend on their kids. That’s part of the legislated calculation method and was based on economic studies.
Nic
So my former husband has claimed that he earns less that $40,000. He works 40 hours a week for an employer and owns his own business. He lives in his workshop so that is his “home”. He does cash sales only. But makes at least $10000 per car. It makes me sick. He hasn’t paid a cent for 14 months and of course has a taxable income last year that is ridiculous. But that’s ok, he just emptied our home loan accounts of thousands of dollars. He stayed at his parents for 7 months so he got food and everything for nothing.
I have 100% care of our child. It’s so frustrating, I know more will come out once this years tax return comes back, but the cash sales….
He has always been money hungry, but we are talking about his only child.I seriously wish I could prove the cash sales…. it grates me.
Cheree Cee
My ex husband owes me over $27K in unpaid child support and CSA aren’t doing anything about it. He doesn’t answer their calls or letters. He is self employed and owes the tax department money, so I will never get a cent from him, ever. Unless there is some sort of tangible consequence to him for non-payment, he will never pay. Can I sue him independently from the CSA (who won’t because it isn’t a large enough debt in their eyes) for the unpaid child support so the order is court enforceable and there is a consequence for being in breech of a court order?
Andrew Lancaster (admin)
You can go to court to try to get the debt paid: http://www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/reports-and-publications/publications/child-support/br-child-support
Jambi
I know there’s probably little I can do. I am a father who has 55% care of my daughter (weekdays). I’m forced to pay close to $1000 per month despite the amount of care. My salary fluctuates by up to 40% month to month, which means I’m almost always in debt or overpaying. Furthermore, whilst with her mother my daughter shares a tiny bedroom with a baby and a dog, has nowhere to study or do homework, her mother does not pay for wellbeing items like education, prescription glasses or so forth and there is nothing that can be done. I mean she doesn’t pay any rent and receives sufficient child support for my daughter to be well looked after. I don’t mind the paying govt extorsion so long as my daughter benefits but it seems to me there is only one undeserving person benefitting from such a situation.
Andrew Lancaster (admin)
A lazy slob, free-loading parent can be that whether they are with the other parent or co-parenting with them. Our proposed new formula would recognise that one parent handing over money to another is no guarantee of a better outcome for a child.
Jim
Hi,
My ex and I have had a private arrangement for me to pay child support for the last few years (We didn’t have a child support Assessment from Services Australia). What would happen if she asks Child support Australia for an assessment now? Can a Child Support Australia Assessment be backdated? Or do I just start pay the revised child support amount from the date she asks service Australia for the Child Support Assessment?
Andrew Lancaster (admin)
The new assessment could start from the time Services Australia is first contacted. They can take account of (give you credit for) any private payments provided that they are well documented and can easily be recognised as an agreed form of child support.
Kate
My ex has my 9yr daughter every second weekend and half school holidays.
My issue is that when she returns from care she is frequently unwell. Chest infection, ear infections, gastro etc. This causes me to have to take time off work to look after her, take her to the Drs and the cost of medication. I have already used all my sick leave in a 5 month period and have had to use annual and unpaid leave, solely to look after her.
I have also been spoken to by my employer about all the leave taken and feel my job is on the line and I am now deemed unreliable.
I find this grossly unfair as she is well before taken into his care and I am the one facing the consequences.
He will not take responsibility and look after her when she is ill as he says it is my turn with her.
What are my legal options as it is now threatening my livelihood and in this time of CV19 jobs are hard to get. This has been going on for several years and I’m at my wits end. I’m at the point of notifying Child Safety due to the issue of her health when with him.
Andrew Lancaster (admin)
Frankly, I don’t find your statement credible. Somehow your ex keeps making your daughter sick (on occasional visits) and then you have to nurse her back to health. He’s right that you have to take care of her when she has scheduled time with you. I’d suggest that you shouldn’t bother going to “Child Safety” unless you have actual evidence of something.
A constructive thing you could do is see if he will agree to a change in the care arrangements where you take turns with sick days, noting that his parenting time is concentrated on weekends and holidays.
Anonymous
Hi.
Recently the Federal Circuit Court ordered that my children be removed from a private school because my ex wasn’t paying the fees and we can’t afford it. I have a current assessment where I’m paying these fees in excess of child support, through child support. This has been getting garnished from my wage.
Will I have issues getting my child support assessment changed to reflect this.?
I have no ( very little faith) in their assessments.
Andrew Lancaster (admin)
You don’t need to encounter issues getting your assessment changed. Just be polite and keep it simple by focusing on the single issue. You don’t need to complete every part of the detailed financial forms they send out even if they ask you to.
Keith
My Child Support Recently increased due to my ex-partner having another child with her current partner, I have My Two Children 50% of the Time and still required to pay Child Support due to our Earnings Discrepancy (Which I am Happy to do), However the Introduction of a Child that I had nothing to do with has inadvertently increase my Child Support Payments which I think is unfair, the second part of this is due to her not earning a Taxable Income (Once again Due to Having a Child that I had nothing to do with), will cause My Child Support to increase Dramatically when the next Child Support Assessment is completed, So due to My Child Support, Her New Partners Support & Government Support she has no reason to work.
The Child Support System needs to be Reformed.
Andrew Lancaster (admin)
Correct – You shouldn’t have to pay for other people’s children. None of the negative financial impacts described would happen if our proposed new system were implemented.
B
Hi Andrew,
As you know, if your income rises you do nothing, and simply wait for the ATO and CSA to reconcile any amounts owing when tax returned are lodged. Suppose your income rises and a CoA is lodged against you, is it a reasonable argument (and winnable) to simply state you do not want your income altered by a CoA as the ATO amount is a true representation of your income? An example would exist where a person was unemployed for 6 months then employed for 6 months, or for casual employees.
Andrew Lancaster (admin)
The review officers will look at all the facts of the case. For simplicity, they tend to forget about normal lag effects in the system and just work off actual past income and current income. Expected taxable income for 2019-20 would apply to this financial year. Current income would be the focus when projecting income for future years.
Jason Miller
Hi,
I have a shared care arrangements with my ex, 53% her 47% me, he has just booked flights to visit an ill relative without my knowledge, I work FIFO and an even time roster and her return date is a week after I am supposed to return to work, this has caused some issues with my employer, and will cause a loss of half my months income.
Is there anything other than reporting the extra care I can do?
Thank you
Andrew Lancaster (admin)
How you sort out parenting time is a matter for the parents.
David
Ex-wife is a doctor that refuses to work for years to receive maximum child support but won’t pay for anything for the kids. Could I lodge a request to reduce the child support amount to push her back to work or is there no point wasting time on paperwork (children are high school age)?
Andrew Lancaster (admin)
Don’t waste your time. Manual changes to incomes to account for earning capacity are only possible when there is a change (reduction) in income. They can’t be done years later.
Holly
Hi There,
My ex has recently become bankrupt as far as I know he is employed but cannot pay his child support. Is there anyway I can notify centrelink or CSA of this so that my FTB is not reduced for money I am not receiving?
Thanks so much.
Andrew Lancaster (admin)
Government agencies can only go off official information, such as the amount you have received or the amount you should receive under an assessment. You can’t affect those things here.
Brooke Irwin
Hi
I have a question regarding who is responsible for costs if I pay child support to my ex husband due to 50/50 care arrangement.
I earn more money and as such am supposed to pay him child support. CSA do the calculation each year under Private agreement.
However when we divorced we agreed I wouldn’t pay child support as I would simply continue to pay for all of the expenses for my son including private health, clothes, school fees, medical expenses and activities. These can be quite high as he has a disability.
My ex husband has now advised me he is going to start claiming child support as he has been out of work since May and is struggling to pay his bills. I’ve even been having to buy food for my son when it’s his fathers custody time as I don’t want him to starve.
The issue I have is he wouldn’t contribute to our sons expenses even if he’s getting child support. What can I do in this situation as I can’t afford to do both.
Andrew Lancaster (admin)
As I’ve complained about many times before and lobbied for change, we have a child support system where one parent is responsible for looking after the other parent. That’s despite parents trying to separate and move on with their own individual lives.
The father is entitled to receive child support if he asks the bureaucrats to collect it for him. And there’s little you can do about him then not paying for things.
Certain expenses can be claimed such as private school fees and large medical expenses. But, even here, “ability to pay” is a consideration when case officers look at how much each parent should contribute.
Allison
Hi
My ex has reported $70k income to tax office. I am aware that it is 3-4 times this but he is diverting through a private sole ownership company.
I’ve let it go for 5 years, but he’s starting to complain that he’s paying too much as he wants to buy a new car, furniture …. Meanwhile I don’t even have a car anymore as I couldn’t afford to repair it or replace it when it died. We haven’t finalised our divorce due to complications with properties, so he is also holding this over me.
I want to expedite the divorce, but again, I can’t afford to pay for a lawyer.
Is he required to declare to CSA what he is earning through his private business?
Andrew Lancaster (admin)
Personal income and business incomes are different things. Child support is based on personal income, which depends on how much a business owner pays themselves. For example, a business could be profitable and accumulate cash while the owner only draws a small amount of this (as dividends or salary and wages) for personal use.
Child Support can look at business income as part of a Change of Assessment. But they may not get very far if the parent doesn’t cooperate in handing over business-related information.
Tim
Been alienated from my daughter for the past two years, with CSA making it easy for the ex to achieve paying 100% costs and having zero contact with her.When she turns 18 can the ex keep making me pay? By making it so easy for the ex to alienate father’s from their kids it appears they want depressed father’s to suicide.
Andrew Lancaster (admin)
Child support ends when a child turns 18, though may be continued until they finish Year 12.
Ali
Hello,
Wife has lodged separation under one roof, I have 7 kids (one is 19) the rest all under 17 years, I work full time, I pay for all expenses including school fees, books uniforms, laptops, PC, She started receiving her allowance as separated parent and I give her cash weekly $300 for grocessors, Should I apply for child support, she shares the household work with my daughters, she found cash job, and takes money from the eldest daughters they work at MacDonald, like most students, What should I do now, should I apply for child support I am receiving parenting payment A only. Is it worth?
Andrew Lancaster (admin)
Are you actually separated? If so, there’s more to this than welfare payments.
Bear in mind that child is based on incomes and not spending. If you apply for child support and have the higher income, you will be the one paying.
Jase
Hi there, just after some advice in regards to my care with my kids and child support.
Been separated now almost 5 years and a shift worker. Due to working weekends I am unable to do a 1 night per week or fortnight though do have my kids on all of my weekends off which is 4 in a row and then I work 2. Over the 4 weekends the nights of care equate to 7 nights. I then have them for a week or 2 during school holidays over the year so my nights of care easily jump over the 52nights minimum for a percentage change and up to 65 nights yet my ex won’t agree to a care change and I’m still paying for 0% care which is just over $600 per fortnight for 2 kids under 11. I pay half the school fees for them to go to a private school, pay half of their swimming lessons and half towards specialist medical costs all of which I have been happy to pay and then all the extra costs when they are in my care. I am now being asked to buy their school shoes and sports runners for school. I have disagreed with getting their shoes because I feel I am already contributing more than my fair share but being told these are costs I should bare as a parent. Are they extra costs I should bare?
Am I already paying my fair share?
Am I paying too much / not enough or am I being taken for a ride? When it comes to all this I just don’t know what my rights are and where do I stand with my care arrangements. How can I have the care arrangement changed to coincide with what the care actually is and made so that she can’t just cancel days when it suits which she has done for the whole of Jan school holidays and cancelled all my weekends with them so now have to wait a month to have them overnight again.
Surely this isn’t right!
Just don’t know who to actually discuss this with properly to get the right information.
Andrew Lancaster (admin)
Care percentages are based on the ongoing arrangements for overnights per year. If you officially have less than 1 night a week care, you’re not expected to pay for things like shoes and swimming lessons. But there are no rules around this. Also, bear in mind that no-one is forcing you to pay and normally the primary carer just gets lumped with the costs.
You are up for half of school fees now because you agreed to it.
Without a firm agreement about parenting time, you are in a tricky situation. Everything is a negotiation and it sounds like the mother has the power. Can’t really give much more advice because, if you push too hard, you and the kids could lose out.
Mark Andrew Tangney
My second question and I’ve only just found this site (sorry).
I noticed that there is a family law review section on your YouTube channel.
I lost pretty much everything in my divorce because the woman I married (who it turned out never actually went to uni and had no earning potential) worked as a children’s song and dance instructor while I had a pretty good salary.
Family Law (or the mediator that referenced it) said I would always have that income so the assets were split on that basis. She got pretty much everything. Two weeks after settlement I was told the organization I worked for was restructuring and that if I didn’t have a STEM qual then I could only stay on if I was female. My background is in finance.
The employer wants to take their female numbers to 50% and are aiming at the outcome rather than the opportunity. Apparently its called ‘positive’ discrimination. The organization is applauded for it by the gov and the public and it is helping their ‘social license’.
Is positive discrimination and a review of assumptions around continued earnings potential something the family law review is considering? If I was female I’d still have the income, but I’m not. So I ended up with no assets and no income either. I’ve begun rebuilding but its been slow. I had a casual job last year but wasn’t in the role for 12 months when the pandemic hit. I’ve now ended up moving to the other side of the country to find secure work. Ironically its materially affected a female Australian – my daughter.
Andrew Lancaster (admin)
There’s loads of ‘positive’ discrimination in the family law system. But, let’s face it, any form of discrimination could simply be called ‘discrimination’.
The Family Law Review has tackled discrimination issues to an extent. We’ll see what happens when they report in March.
Basically, they’ve heard from men pleading to be treated as human beings who are needed by their children.
At the same time, the Inquiry has heard from numerous government-funded women’s groups demanding that any changes can only be in the direction of protecting women from male-perpetrated violence and abuse. Many of these women’s groups seem disinterested in protecting children given the fact that children are statistically safer when their biological father is around.
One of our proposals to the Inquiry is that courts be required to consider the earning capacity of parents when making parenting time orders. The idea is to stop courts (falsely) assuming that, because of child support, the higher earning parent can be marginalised without financial harm to the child.
Mark
Hello,
My ex and I have recently moved to an arrangement where she is recognized as having 100% as I’m on the other side of Aus working. I haven’t been able to get back into WA.
From time to time she drops our daughter with my parents. My parents see their grandchild quite a bit (she’s a bit of a favorite) but its less than 52 days per year.
My parents are pensioners. My father has Parkinson’s disease. They need some financial support when they are looking after my daughter.
My ex expects me to to pay my parents what they need, in addition to paying her for the same period of time while she doesn’t have the child. Child Support Agency say this is fair because the grandparents have the child less than 52 days per years. But the outcome is that with the higher amount now being paid to my ex on top of regular living expenses I am struggling to help my mum and dad out, I don’t think I can. It looks like they will have to bear the costs themselves, meaning when my daughter is with them they really can’t do anything or go anywhere.
Do grandparents have any rights in this situation? Can they ask my ex who receives maximum benefit due to saying she looks after the child 365 days per year for a contribution and be backed in anyway by a court of law?
I pay my ex about $40pd for the child. My parents say they need about $25pd to help them out when she stays with them, so the ex would still be pocketing $15pd while my daughter is with them.
I’d really like some advice. It looks like the outcome here will be either my parents suffer financially, or the relationship with their granddaughter ceases.
Andrew Lancaster (admin)
The advice you’ve been given from CSA is correct. This is not a matter to be dealt with through the child support system. While I disagree with the formula, there simply is no credit for care time under 1 day a week.
Your grandparents (and you) can spend whatever you want on your daughter for the less than 1 day a week that she is with them. You wouldn’t seriously give up that time because of a small amount of money? Frankly, I’d just let this go and try to help out your parents to the extent that you can.
Vibhuti
Hi my name is vibhuti .
And me and my ex got divorced in 2018 and before that we got separated in 2017 because he was domestic violence abuser and i got VRO on him to protect myself and my son. Because of his fake promises and taking helping hand from relatives I took the orders back to give him second chance but he dogged me again.he served me divorse papers without letting me know. He was never engaged with the child till now.he never paid any child support never did anything which a father should do time to time. Now I married again to a wonderful man and he wants to get parental responsibility as well as want to adopt my son legally. We send an email from our lawyer to my ex about it which is a part of procedure but all of sudden from nowhere he said that he want to meet my child.
Is it possible a man who was domestic violence abuser who wanted to ruin my as well as my son’s life in every possible way will get any opportunity to get to see my child. He already have a nice man as a father to look after. We have to apply for parental responsibility for me and my current husband for the best interest of the child and to protect him from that man .can we get a parental responsibility?.
And what should I do that my ex cannot get success in seeing my child ever.
Plz tell me
Andrew Lancaster (admin)
This is a question about parental responsibility and parenting time.
Sorry to tell you, but your new partner is not the boy’s father. You seem to be trying to wish away the biological connection between father and son. That can never be deleted or replaced.
The legal processes will have to play out. Judges normally try to find a way for some contact to be maintained between a parent and their child.
Davin
Why am I punished ?
Had debt of 10500.00 dollars to child support, not child support or Centrelink told me I had to pay extra 16 dollar s a week to cover my account , so I had been coping late fees etc I sorted out the 10500 and got waivered back to 8000 dollars , put tax return in , Child support took 11500 dollars out of my tax return tax agent took 1200 I was left with 835 dollars out of 14000 grand . Tell me where the fairness is this child support service to a father who got divorced by the daughters mother who got her permanent visa divorced me while I was away working talk about getting stuffed over where’s the rights for me I guess. I gave 100 percent custody thinking I was doing the right thing , all I can say you wonder why men kill themselves. You think all men want to avoid child support – no some guys don’t but getting put down kept down in debt by this system cost me more than money cost me jobs and living in a tent in a caravan park with no fan or aircon in 40 degree heat days and you wonder why men commit suicide. Like Centrelink robodebt child support needs a audit too the whole system is bent and benefits no one but destroys families so not only I’m in poverty so is my child and don’t get me started on my second marriage where child support never consider that equation so I say thanks for the hardship and the ruin of my second marriage. For the debt you put me in well done bunch of goody two shoes morons
Shaun Ahmed
Mandatory child support does not make sense.
I pay $1800/month for children the family court provided me with zero access to.
This is because the children whom were aged 10 and over expressed wishes to not see me. I mean, why would they, when they hadn’t seen me for over a year and their financial position was secured by child support?
Had child support been conditional I would have been of some value in their lives due to the financial bargaining position.
NOTE about parental alienation : Everyone everywhere works out whose side to take in life in order to survive. eg the boss’s favorite is the workers favorite, the husband has to fit in with the husbands of the wife’s friends. Children are no different!
Andrew Lancaster (admin)
You’re right about losing bargaining power. Hard for a parent to pay for more parenting time when they are already paying top dollar. But there should normally still be some room for negotiation.
Judges have a tendency to ignore the wishes of children precisely because kids can be manipulated.
Tayla Brandon
I have a question does my children’s father still have to pay childsupport this week even tho there with him for a week for holidays ??
Andrew Lancaster (admin)
Yes – he still has to pay if you are in the child support system. Payments depend on ongoing care percentages. Might be a different story if it is a private arrangement.
Robert
I have a question or maybe two.
First: I have reason to believe that the mother of my child has a side cash income from a home beauty business. Her taxable income is always perfectly just below the tax threshold and cost of living allowance that Child support have set in place. What can I do to bring it to the Child Supports attention and is there really any point for me to start this investigation.
Secondly: My child is now old enough for work and has started a job. I’ve read that pretty much anything that she earns probably won’t change the amount I pay. But if her mother starts charging board as a living expense, would that classify as an assisted income to the mother to cover living expenses?
Andrew Lancaster (admin)
Let it go. We’re talking about small amounts of money and you probably won’t be able to affect anything. What the mother does isn’t really your business.
Kate Adamson
Hi Andrew,
As the payer of child support (though now a fairly nominal amount as I have 50% care of our children and earn only a little more than my ex), how would my payments be assessed by the CSA if I returned to full-time study?
Would I still be assessed on the previous amount I was earning i.e. my earning ability?
This is not a question about how do I reduce my CS payments – as I wish to study to ultimately be able to work longer to support our children.
Rather, it is a viability question – am I able to have the choice to return to study (resulting in a reduced income for the duration of the masters) and not be assessed on previous earning ability?
The option of further education will not be viable if I am assessed at previous levels whilst being a student and working part-time.
Thank you
Andrew Lancaster (admin)
Your return to study would be met with resistance if the other parent initiates a change of assessment and “wins” the review. The reviewer would have to believe that your decision to study was motivated, at least in part, by a desire to affect child support. You would probably lose the case just by saying that you need child support changed in order to be able to afford to study. So, don’t say that again.
You’re right to be nervous about this.
Caz
Hi there,
My ex pays a lousy $120 per month for 2 kids (8 and 14). My eldest is 17 and lives with him (I had moved away and he stayed with his dad). My ex refuses to pay half the school fees of the younger 2 which is about $4K. Since the eldest stayed with him, he has dropped out of school and is not looking for a job so does nothing. I have moved back to the same area and since the family home was hijacked by my ex who has now bought it during our settlement, I have a smaller place that the eldest doesn’t feel there is enough room. When I had all 3 children I was getting $1100 per month. How is there such a big discrepency and I have all the education expenses for the younger ones which are not considered with the eldest who was allowed to drop out of school underage?? I also buy food, take to medical appointments and clothe the eldest which isn’t considered either.
I had 100% of care and CS has changed this as the ex changed the % without my approval as I had started letting the boys stay over. I was to pay him CS if you can believe it!! Our incomes aren’t that different considering I have 2 and he has 1 child (My income is $106K and his is $75K). How is this system so unfair?? I am ringing to ask for a full review as these figures just don’t seem to add up for me?!
Andrew Lancaster (admin)
You can check the figures using the calculator on this site.
Your incomes are in a range where the higher earner gets ripped off. The formula is unrealistic and based on income sharing, which is why we’ve advocated for change.
Lisa
My ex husband assisted in looking after the children more during the period of remote learning during COVID. Ordinarily, I generally have them 75%, and the remaining 25% with him. Our CS amounts are based on the above percentages.
Now he wishes to go back and amend the care percentages for that period as he feels he has been financially hard done by. Is this something he is able to change in retrospect through Child Support or am I best to just work it out based on the daily rate in the Child Support Assessment for that period and pay him back that way? (We have a private collect arrangement.)
Many thanks for your advice.
Andrew Lancaster (admin)
You can’t change care levels retrospectively. Child Support need to be notified whenever there is a change in care levels and the change normally comes into effect on the date they are notified.
Your ex may be surprised at how little the change in the care % would have affected child support, assuming you were still the majority carer. The formula was fiddled around with by lawyers when the scheme was designed and has some flat spots where changes in the care % don’t impact on payments much. Stupid formula.
gina burgess
Ok so my partner was paying 18 % of his pay to cs while working he recently lost his job and rang cs to inform them so he could reduce his rate while being out of work cs declined his application on the note that he had savings in his bank account this savings was from the same pays that he had already paid 18% to cs now he is being made to pay cs out of his savings account is this even legal and if so its very very wrong as he has already paid out from this money
Andrew Lancaster (admin)
You can just go online and submit a new income estimate any time. The estimate is for the whole financial year. Child support payments will be reduced automatically from the date the new estimate is lodged.
Since he isn’t working, the income estimate will be quite low and the payments should be relatively small. They can come from savings or welfare benefits or anywhere he can get money from, including a tax refund after the 2020-21 tax return is lodged.
Income changes affect assessments with a delay, which seems to be where your complaint is coming from. They aren’t unfair necessarily. Low income in one year carries through to assessments in the following year. He should go through a stage later, after getting a job, when he is paying less than what he should based on actual income.
Doug
My ex has halved her wage and opened a business. I am considering triggering a COA due to her earning capacity and business assets, ie she is cash poor but asset rich. I receive regular taxable income. I pay CS maximum, ie if her income now dropped to zero my payments would be the same. My only concern with doing a COA is can my personal assets force me to have to pay even more ? Would appreciate any advice you have.
Andrew Lancaster (admin)
I don’t believe Child Support generally know what to do with assets and, therefore, tend to ignore them. It’s part of the legislation and there to prevent wealthy people dodging child support. Frankly, I doubt either of you would be in danger of having assets used to affect an assessment. In her case, they are business assets which are being put to use. In your case, you are already paying at the maximum income assessment level.
John
Morning,
First time to post here as I am at a loss as to where to go from here so any advice would be greatly appreciated.
I have been paying child support for 7 years now at the rate of around $2k per month, during this time my daughter has been alienated from me to the point of her not staying over anymore so the care % her mother receives is 100%, hence the high amount, I have never missed a payment and also pay 1/2 for school fees etc, so that a bit of background.
She was made redundant from her job 2 years ago which was involuntary (and I understand that the capacity to earn bit goes out the window in this case), since that time she has worked part time for her husbands business and her wage has halved so off course I have to pay more, I have argued this with CSA .
Her income has gone from 90k to 50k to 9k in 12 months in the estimate and she now refuses that she works for her husbands business and CSA will not look into this although there is legislation which is on their website surrounding partner business etc.
But my main issue is that now she has chosen to study full time and has submitted an earnings amount of $0.
I have objected and CSA has refused my objection because they claim that as she was made redundant they have no control on capacity to earn, when I ask them why they are ignoring the work she had after redundancy they say that, they do not need to look at everything and I can object if I want.
So basically she has gone from a senior role to being made redundant, then got a job in a different industry with lower pay now she has chosen to be a full time student and CSA are accepting this as my payments increase as a result to fund her choice to study. And CSA told me they are not looking into her work at her husbands business as they do not need to, even though there is proof she works there
This is just next level stuff with CSA and I can not let this one go, I know that the process will now be to go through objections process but I know what the outcome will be.
This surely can not be right? As if I chose not to work and study full time I am sure it will be a different story.
Thanks in advance
John
Andrew Lancaster (admin)
You must be able to (a) demonstrate that she was earning $50k but chose to reduce her income and (b) convince a review officer that her employment decision was partly motivated by a desire to affect child support. If you can do those things, you may be able to win in a Change of Assessment review. The fact that she was earning $90k is now largely irrelevant beyond perhaps being an indicator that she is intentionally suppressing her income.
Mark Gordon
Hi
My query is with regard to before and after school care costs. I previously have called Child Support and the first two people said that those costs should be deducted from any child support paid. The third person said it was on top of child support which seems extremely unfair. My ex received the bulk of the property settlement in the divorce on the arguement that she is and will be the primary care provider of our children. At the time I was experiencing alot of depression and anxiety over the breakup but have since taken on care of the kids two nights a week.
I over paid last year as I was out of work for part of it but when I returned to work I asked CS for an assessment estimate based on my salary not last years estimate as it was lower as I wanted to do the right thing. I get really disheartened as even when I was out of work she called CS saying there was unpaid CS which there wasnt. This was corrected with CS but I’m now struggling again with her refusing to put the kids into before / after school care on the night that I have them. Ive tried to reasonably negotitate but it just gets heated and emotional and I feel disheartened again.
Andrew Lancaster (admin)
Let’s try to simplify things. And try to forget the past.
Whoever is responsible for the kids before or after school should be the one paying for any minding services. That is a personal spending / care decision that has nothing to do with child support or the other parent. What happens with the kids during their allocated time with you is your responsibility.
Karl
Hi Andrew,
Currently have court orders in place along with an agreed CSA payment plan. This was put in place when the ex and kids moved interstate.
At the end of 2019 school year i queried my ex and the schools as to why my son and daughter missed so much school. I also sat down with my kids to discuss it as well. Short answer 2020 started off better however has been no different come years end.
I expected academically there would be a hit in my kids schooling due to the move. But did not expected it to be so drastic and continue for 2 years.
Biggest issue has been attendance.
As a paying father of child support and 50% of school fees is there anyway to motivate the ex in getting better results in attendance.
I will be speaking with the schools again in the new year, however the ex does not acknowledge my thoughts and concerns.
So is there a way through CSA (or Other) that i can pursue to grab my ex’s attention to perform better.
I fully understand 100% attendance does not equate to A’s across all subjects. My son could not be graded on 4 subjects this year alone and my daughter has not been able to achieve better results in her 11/12 years at school ude to attendance.
Thanks Karl
Andrew Lancaster (admin)
Must be very frustrating to see your kids’ academic results suffer because of poor parenting.
The simple answer is that managing school attendance and performance cannot be done through child support or school fee payments.
You could pay for something to happen, such as offering to pay for a tutor. But you wouldn’t get any credit for it.
You could also try to get time with the kids. Don’t know the history here and it would require you to move close to their school(s).
Michelle
My sister got pregnant to a guy who is married with two children. Which she didn’t know at the time he was still with his wife as he claims they are separated. My sister gave birth on July and the father ghosted her halfway during pregnancy, left her to buy and prep everything for the baby. When the baby came out he started denying it’s his daughter and wanted a DNA, we were happy to do but he kept making excuses on getting it done and delaying the process. My sister is now trying to apply for CSA but the father is now making excuses again (ie;he doesn’t earn that much, threatens to quit his job if he pays CSA, his wife will find out and make him quit his job as he claims his wife earns $250k and can afford to support him, etc.) and now trying to win over my sister once again and says he doesn’t want DNA anymore as he can see the resemblance with him from photos and just want to sort things out and just give her cash however much he can instead of going through CSA. I guess my main question here is if my sister applies for CSA 5 months after the baby was born while the father never contributed anything to the cost til this day and has never made efforts to see the baby, will she be able to get back pay from all the costs of pregnancy and when the baby was born? Should my sister sort it out his way and accept what ever this guy is willing to give or should she make it more legal and apply CSA? He also threatens to claim custody or 50/50 care if we apply for CSA. Will the father then have rights to claim custody and take 50/50 care for the baby if we claim CSA? We don’t want that to happen, we want 100% care. Any advise would be much appreciated. Thank you
Andrew Lancaster (admin)
Child support is assessed from the time an application is first made.
I know you say that “we want 100% care”. But I bet the baby wouldn’t want that if she could speak for herself. A child has a right to know and be with both parents. Frankly, I’m appalled. Children without contact with their biological father do worse on just about every measure of welfare and development that’s been measured. You and your sister need to pull your heads in and stop believing that the baby will do great without her father. You are wrong.
Rich
My partner has 38% time with the children but has Equal Shared Responsibility. The father is on $120k and my partner on $70k. He is currently paying my partner CSA but we expect this to change next year as it was last year when she was paying him.
We have just had final orders to agree the time she can spend with the children which wasn’t ideal but we are still left to settle who pays for what.
The father who is paying CSA but has 62% of the time is saying that because my partner is receiving CSA from him that she should be paying the costs for School Fees (public school not private) etc.
That can’t be correct can it. Surely the payment is just meant to equalize the costs according to salary and time and then costs are split 50/50.
Andrew Lancaster (admin)
This is squabbling over not much money I presume.
You probably need to split the school fees 50:50 just to have a workable solution. She could pay half and direct the school to the father for the rest.
But you’re right. Both parents are meant to pay for stuff. Usually, the person with more care time ends up paying for more things.
Gabrielle Dingle
I have a question for you. I
I’m writing from New Jersey in the USA. My ex-husband, an Australian citizen owes $100,000 in child support. CSA has located him and I have received child support since May 2019.
I see ( on Facebook), that my ex has quit his job, and is doing carpentry jobs advertised on his Facebook page.
Obviously, he is up to his old tricks.
How can I continue to collect? What are my options.
Thank you.
gabi
Andrew Lancaster (admin)
Change of Assessment, Reason 8 – Earning Capacity
Stacy Leitch
Well it’s officical. CSA have made their ruling and we are expected to continue to pay child support (for my step son who is living with us)to his mother, due to a consent order that is 10 years old and was not being followed by the other party or CSA for that matter as we have been paying 100% care of the 2 older children for the last 4 years. (We have 40% care according to the consent order). I really can’t understand how it is not seen as breaking the law to make a claim for family payment and CSA for a child you do not have and do not want. No Idea what we are supposed to do?
Andrew Lancaster (admin)
You could appeal. The merit of your case depends on the words of the consent order. Normally, child support is based on actual care levels and all else is ignored. If your consent order was only concerned with care percentages and not child support specifically, you might have a strong case. You would merely have to provide convincing evidence that the actual care percentage is what it is.
If you haven’t appealed before in any way, the first review is just by a reviewer with the Dept of Social Services. Next step is the Administrative Appeals Tribunal.
Andrew
I am currently in a private agreement with my ex regarding child support for my two children i recently learned i have been paying more then required after my financial situation changed negotiating down to near the assessed amount was stressful i am considering switching to csa collect agreement but i am very anxious about the emotional fallout as ive been asked to account for every dollar in reduction by my ex what is in involved in going to a csa agreement
Andrew Lancaster (admin)
Please be kind to readers when writing in the future and include full stops to mark the end of sentences.
If you have an informal private agreement, you can simply stop paying. It will be up to the other parent to apply for child support, which is not difficult.
No negotiation is required as far as payment amounts go. Child Support uses a formula. But parents still need to work out between themselves who pays for what expenses.
Cristika
My fmr husband refuses to get a permanent job (he didn’t get one while we were together, actually turned them down, because he didn’t want me to “live” off him, but was fine living off me, so he could be a perpetual uni student and play dungeons and dragons, while I did HDR studies, worked, took care of kids, took care of house, took care of him, listened to MIL say that I ruined his life by ‘getting’ pregnant). Due to changes in circumstances, I didn’t get to finish PhD and needed to go on disability and had PTSD and he’s not letting me see the kids and lost my PT ICT job. I’m forced on DSP, he brags about all the degrees he has and how intelligent he is and will not get a permanent job because the local jobs are beneath him (TAFE’s for losers, apparently) and his GF has FT job (did you know someone can both brag and complain that they don’t get Centrelink in the same single sentence). He refuses to get a job and is alienating me from kids (GF will leave him if he “forces” the kids to spend time with me). He’s also applied for child support for kids no longer in his care (wtf?) as they’ve left home. Can I get liability reduced to zero (I can’t afford it and he refuses to get a job). For ten years ($6000), I didn’t collect the child support from him (because I didn’t need it but was legally required to apply, so private ‘collection’).
I’d like to be able to pay child support, because my kids deserve it, and was paying x2 until I lost casual job, and I just can’t afford to anymore
TL-DR: I’m on DSP, ex REFUSES to get a job. How can I pay $0?
TL:DR – Ex refuses to get a job and I’m on DSP. How to pay $0
Andrew Lancaster (admin)
I gather from your rambling question that you’re being asked to pay a small of child support but you don’t want to. Well, too bad. You can’t get out of it.
You should instead focus on improving your life and being the best person you can – for the sake of your children and yourself.