Donate Child Support Calculator
Skip navigation

6 years of tax returns done now what.

Just received 6 years of tax assesments back from the ATO.

Year ending 2006 $0

Year ending 2007 $0

year ending 2008 $67,920 (partner worked a full year)

Year ending 2009 $13,297 (partner worked part of year)

year ending 2010 $3,673 (partner on newstart allowance)

Year ending 2011 $4,829 ( partner on newstart allowance)

Csa have reassesed 1 august 2007-19 febuary 2008 minimum rate applies $333.00

20 febuary-30 june 2008 minimum rate applies $333.00.

from the 1 july 2008 when he was employed salary deductions was in place total amounts deduted was $2,607.97

2009 salary deductions total amount payed $581.80

My Question is will all of these years be reassessed, his child support debt is still $37,0000 plus $13,000 in peneltys.

We have a aggrement to pay $30 a week towards the debt and a mimimum payment of $30 per month.
$30 a week.  Wow.  It's going to take you 12,333 weeks (237 years) to pay your debt off.
Have a look at Division 7 and Division 7A of the Child Support Assessment Act. Comlaw.gov.au isn't loading for me so I can't give you a link sorry.

 Division 7–Assessments and estimates of adjusted taxable income

Division 7A–Reconciliation of estimates of adjusted taxable income

"Decide that you want it more than you are afraid of it."
Bill Cosby
 :thumbs:
no estimates ever given to csa, arrears are all based on the default incomes set by csa.
They will be reassessed if you owe the CSA, but they will not give you a credit if owed.
The CSA system sucks and you will have to complain to the ombudsman and they wont do much, then you have  to lodge an appeal to the SSAT, but its outside of the 18 month period for them to make judgment, so you have to get the courts to give the SSAT permission to back date things and then there is no luck that the SSAT will help you as they are supposed to be an independant body but they only agree with the CSA.

Words of advise, the CSA can not go back any further then 18 months without a court order, so be carefull as they might try as they did with me on a reconciliation for the 2000 year 2 years ago and I had to pay. I have recently found out that they had mad an error in the law and now have a court battle on my hands.

Mick
Taylor, your impending case with CSA sounds very interesting - and may be relevant to a lot of people. Can you keep us informed of how you go?
Here is the link to what has happened.
   http://www.aussielegal.com.au/forum/forum_posts~TID~7923.htm
Very interesting… my hubby got hit with "account adjustments" for same sort of periods - can't remember off the top of my head, but think it was 01 & 02 & he was told b/c they were over 7 years ago he could do nothing about the charges.  He never received amended assessments or letters to advise how the arrears were calculated or anything.  The charges were just whacked onto his normal monthly statement.
Read the following - How long should a decision apply…. and this is on the CSA web site so they cant do what they did to your hubby or me, thats why I am going to fight it.

Using the Child Support Guide | Child Support Guide
They are not changing the assessment - it is being balanced which is triggered when they receive your tax info from the ATO. Doesn't matter if your return was lodged on time, one year late or 20 years late.

"Decide that you want it more than you are afraid of it."
Bill Cosby
 :thumbs:
Hi Missali,

Note the big difference in the CS debt created by CSA's default incomes and the actual taxable income for those years.

Now the C$A has tax return data to properly reconcile those years, will they adjust (reduce) the debt and penalties to reflect what the CS assessment should have been?
My hubby's tax returns had been done, and on time.
Fairgo

No the CSA will not adjust the debt if hubby has overpaid,   But they will ask him for more if he has underpaid.

Tulip

My tax returns were 6 years late and the CSA will not credit me back in line with my returns.

The system sucks because you have fight it all the way to the courts to get the correct balance.
Why the hell the CSA cant fix these problems in house has got me beat
On the letters we are recieving from csa say that the child support record has been changed to reflect the information, so they are changing the record for every child support period.
All we want is the debt to be reduced to the correct amount, and if it turns out that he has over paid then so be it.

looks like he will be getting a refund of some tax for the year 2008 according to the ATO, we have wrote to CSA asking them not to intercept it on hardship grounds.
Also we have asked for the minimum payment to be reduced to nil.
He has no income is not claming any newstart payments, and it is me that is paying the $30 a week payment for arreas and the $30 a month child support.

since we started sorting the debt out the mother must have been informed also about the reassesments, he has 2 children one aged 19 and one aged 13, he has had no contact with them for 8 years. out of the blue the 19 year old got in touch, my partner was so happy.
on christmas eve we had a call from the daughter, her mother wanted her out of the house, I had to go and pick her up and bring her back to our house as the girl has no where to go.

seems to me that the mother has now realised that having children living with her who are self supporting is affecting her center link restart payments.

money comes first with this woman not the kids.
my partner is hoping to reastablish contact with the 13 year old, he will not go to court or the family relationship center as this woman is toxic and made unfounded allagation before to stop him seeing his kids.

Missali - Every time there is a change both parties are informed.

A CS liability would have only been due for one year so once they have reconciled all the years, with two children and no care, there may still be a small debt. I would stop making payments until this has been done.

Regarding penalties - don't pay them and make sure you keep a close eye on your statements as C$A have been known to convert penalties into child support liability without informing the payer. Request that they remit all penalties now that tax returns have been completed. They should remit them if you keep asking.

I think you will find once the relationship with the 19 year old grows, the 13 y/o will probably follow.

You sound like a top step-mother - keep up the great work!
The Mother dosent know that the daughter is living with us, I wanted the daughter to tell her, but she refused, i can understand why, because of the past history.
Dose any one know if my partner could get intouch with his son without his mothers permission, say through facebook.

I have wrote to csa about remitting the penelties, remitted 25% when payment plan was entered.
Good luck with getting your hands on the tax refund… we applied last year on those grounds and when they intercepted it they made us jump through hoops filling in different forms & giving explainations to show them how much we were financially struggling, especially with the child support payment arrangement in place, and everything we'd initially been told went straight out the window.  They then said it needed to be a 'special circumstance' as to why we are struggling, eg. have an expense that was extraordinarily out of the blue.  I explained we needed to buy in water as we were desperately low and we needed a new washing machine as hand washing for a family of 10 is just ridiculous and we can't afford the petrol to drive into town (as we are out of town on acreage) to use the laundromat nor could we afford to pay to do the loads anyway.  We were told that we should have seen these events coming (yep, because we knew the weather was going to be a drought and cause us to run out of water & somehow we were suppose to know that $2500 washing machine was going to die because we can see into the future).  We also explained that our car needed a new starter motor & alternator and because it was an American motor the parts were going to cost $1500 and until it was fixed hubby couldn't work as it's to far to walk.  They said these came under regular maintenance and we should have budgeted for these items!  They took it and gave it to the ex.  So this year I didn't claim the 5 kids worth of tax education refund on hubby's tax return since I knew it would only go to her, instead I did hubs tax and then lodged the education refund in MY name so at least we would get something back to help with school supplies for the new year, especially since we'll have 6 in school this year.
Thanks Fairgo for your comment.

Just need to wait until all the reassesments are done, then at least we might have a correct balance.

I do keep a eye on the penalty balance, I had to phone them to get the 25% taken off which they diddnt do when the payment arrangement was made.

I dont want to stop paying at the moment because all the money we are paying is reducing the debt.

 

C$A HM - don't pay the power bill and send C$A the disconnection notice - this should get C$A's attention.

Missali - if there are no court orders saying that he cannot contact his son then he can do whatever he likes to contact him.

You may find the balance will be less than what has been paid - that is why I suggested to stop making payments.
Hi Fairgo,
Yes what you say is right but i dont know as yet what the amount of debt is because the balance keeps changing on every assesment they do.
so far $9,000 has been taken off, the debt still stands at $37,000 or there abouts.

Things are going good with the 19 year old she seems to be setteling in fine, just need to get intouch with the 13 year old, he has no idea that his sister is living with us. Both children are scared of the reaction of the mother if she finds out that he is incontact, no other reason except for her own personal reasons, and in the past it was always about having power over my other half ( do as i say or you dont see the kids) and the money she was getting.
but seems as if the tables have turned a bit, she was on a pareting pension but she came off center link for a while and now can only get newstart allowance,and extra payments for single parent, but centerlink are asking questions about the past payments, she is living with a guy and did not declare that she was, all her money problems started when we started sorting out the debt.

dont know if its a conisdence or not.

1 guest and 0 members have just viewed this.

Recent Tweets