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16 year old getting Youth Allowance and I am still paying 45% care Child Support of $1200/month

Hi FLWG

Can I ask how my ex has managed to get my 16 year old Youth Allowance (she has just started TAFE) at $170/fortnight whilst I still pay CS at $1200/month and have 45% care of the child?

 
Dont quote me on this but i dont thunk $170 per fortnight would be enough of an income to affect CSA payments.My daughter worked and got more than that a fortnight and it did not affect mums payments to me.

It is odd though as to get youth allowance family tay would stop, and family tax is actually more.

Is it full time education? Im sure Mike will give you a better answer but i thought kids had to be studying full time after a certain age for CSA purposes

Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you…. Purple Monkey Dishwasher
For the income of a child to be considered it has to be by the way of a departure from administrative assessment (frequently called Change of Assessment) under reason 4- Income of the Child. However, under the "Would a change be Just and Equitable" income support payments are not considered and Youth Allowance comes under Income Support  as per

The CS Guide - 2.6.10 Reason 4 - Income of the Child said
The Registrar must disregard an income-tested pension, allowance or benefit (2.6.17) received by the child (or by another person on behalf of the child) when considering that child's income, earning capacity, property and financial resources (CSA Act section 117(7)).

the trail then gets to 2.4.11 via 2.6.17 which lists :-
The CS Guide - 2.4.11 Fixed Annual Rate of Child Support said
Income support payment

The term income support payment is defined in CSA Act section 66(9). Under 66(9)(a) the term has the meaning given by SSAct section 23(1). In that Act the term is defined as:

(a) a social security benefit, or
(aa) a job search allowance, or
(b) a social security pension, or
© a youth training allowance, or
(d) a service pension, or
(e) income support supplement under Part IIIA of the Veterans' Entitlements Act.

SSAct section 23(1) also contains definitions for these terms. A social security benefit is a:

(aa) widow allowance, or
(aab) youth allowance, or
(aac) austudy payment, or
(a) newstart allowance, or
© sickness allowance, or
(d) special benefit, or
(e) partner allowance, or
(ea) mature age allowance under Part 2.12B, or
(f) benefit parenting payment (partnered), or
(g) parenting allowance (other than non-benefit allowance).

A social security pension is:
(a) an age pension, or
(b) a disability support pension, or
© a wife pension, or
(d) a carer payment, or
(e) a pension parenting payment (single), or
(ea) a sole parent pension, or
(f) a bereavement allowance, or
(g) a widow B pension, or
(i) a mature age partner allowance, or
(k) a special needs pension.

The references in SSAct section 23(1) to 'income support payment', 'social security benefit', 'newstart allowance' and 'youth allowance' are modified, by sections 91 and 93 of the Farm Household Support Act 2014, to be taken to include 'farm household allowance' under that Act. This means that the term 'income support payment' under CSA Act section 66(9) is taken to include 'farm household allowance'.

An income support payment also includes a payment under the ABSTUDY scheme that includes an amount identified as living allowance that is paid at the maximum basic rate (section 66(9)(b)).

Here's a link to 2.6.10 The CS Guide - 2.6.10 Reason 4 - Income of the Child

As for how, I think it's a must if they leave school before 18 but I'm not sure.
Hi Mike - I understand what is being said here and I am disappointed that I don't get a say in what I pay out for her.  Now the ex tells my child she has to pay a third of the youth allowance as board to live at her place.  What am I paying $1200/month for.  In addition, the ex runs a catering business and all food for the family is brought through the business account as under the tax guidelins the ex can use up to $16K of stock.

I tried twice to have this recognised with CSA once successfully and the next time the CSA officer said no!   I am sure their decisions are based on whether they have their coffee in the morning.

I suppose writing to any politicians would be a waste of time?

I don't mind my child having an allowance from my taxes on top of child support but I REALLY resent that my child has to use this paying board, and day to day living expenses to someone who is receiving good money for 55% care!!!!
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