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applying income to csa rules

Just wondering whether we should challenge csa or let it go?

Hi everyone, I just want some input on whether or not we should be chasing this point.

The ex was the payer in 07 and refused to give her actual income to csa and so was assessed on 23,000 until we put in a coa and her income was revised to 27,000. In 08 she became the payee and advised csa that her income for the 07/08 period was 35,000. We asked csa to re assess the payments that should have been made to us when she was the payer, due to the more up to date information she supplied, being 35,000 income rather than coa deemed 27,000. Csa said they couldn't.

Should we pursue it or would it be a waste of time? Any input greatly appreciated.

When 'Life' is hard and things are tough,

and you feel like you've had enough.

Remember always this one thing true,

Someone else depends on YOU.
pursue it without delay.

Moderator Note
Four words - not even a one liner - this post makes little sense if read by email notification
Thanks Bigred, csa seem to think it is not an issue worth acting on and I was wondering if we were missing something.

When 'Life' is hard and things are tough,

and you feel like you've had enough.

Remember always this one thing true,

Someone else depends on YOU.
I agree with Bigred.

Work out what the difference in $$$ would be with the higher income and then you will have something more to consider in making your decision to pursue it or not.

I will say that it was not in her best interest to declare a higher income when she became the payee.
Maybe she had to supply proof of income as a payee to be able to receive cs but only estimate as a payer? Can't think of any other reason which would have forced her to show her hand. Because the lesser deemed income, 27000, was arrived at under a coa, csa are saying that this amount is 'set in concrete'-their words-and cannot now be changed to the correct, 35000, amount.

When 'Life' is hard and things are tough,

and you feel like you've had enough.

Remember always this one thing true,

Someone else depends on YOU.
oversca said
csa are saying that this amount is 'set in concrete'-their words-and cannot now be changed to the correct, 35000, amount.

I would not take this as gospel, I would be asking CSA to supply in writing the relevant legislation that says they can not make a change to the assessment.  



According to their guide

2.9.5: Amending assessments

Version 2.2, Last updated 23 December 2008 9:00am
Information in this version of The Guide applies from 1 July 2008
Refer to the previous Scheme Guide for information until 30 June 2008

Context

CSA can amend an assessment to take into account changed circumstances.

Legislative references

Sections 12, 53, 73A, 74, 74A and 75 Child Support (Assessment) Act 1989

Part 1, Schedule 3 Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further 2008 Budget and Other Measures) Act 2008

Explanation

When can CSA amend an assessment?

Changes in care percentages

Date of effect of change in care

WA ex-nuptial cases and decisions made prior to 6 January 2009

Adding a relevant dependent child

Giving effect to terminating events or changes in circumstances

When can CSA amend an assessment?

CSA can amend an assessment at any time to give effect to the provisions of the Act (section 75). An assessment can be amended despite the fact that:

the child support has been paid;
the child support period has ended; or
there are SSAT, AAT or court proceedings pending in relation to the assessment.
The reasons why an assessment may be amended include (but are not limited to):

correcting any error or mistake (whether or not made by CSA);
correcting the effect of any false or misleading statement made to CSA;
giving effect to a terminating event;
giving effect to a care determination or interim care determination;
giving effect to a change in a parent's or non-parent carer's percentage of care, where the change is more than 7.1%;
giving effect to an event or change of circumstances that affects the annual rate of child support;
giving effect to CSA's acceptance of a child support agreement;
giving effect to a decision of the SSAT; and
giving effect to a decision or order of a court which has jurisdiction under the Act.
CSA will amend an assessment under section 75 where the amendment is necessary to give effect to a provision of the Act, either expressly or impliedly.

Example

If there is a decision to allow an objection, CSA will amend the assessment to give effect to the decision.

CSA cannot amend an assessment where there is no express or implied requirement to amend an assessment. Also, CSA cannot make an amendment that contravenes a specific provision of the Act.


 
I may be wrong but until they supplied the legislation in writing that says they can not do it I would be submitting a COA  

2.6.14: Reason 8 - a parent's income, property, financial resources, or earning capacity

and the reason would also be
correcting the effect of any false or misleading statement made to CSA;

Thanks IsntLifeGrand, will take this to the ssat when we see them. Done the coa and the objection. I was told that they would not adjust the figures because 1.Income deemed under a coa is set in concrete and 2.It would be a waste of tax payers money with the time it would take to make the adjustment.  I can't write what my answer to them re; point 2 was as the controls on this site (thankfully) won't alow it.:dry:

When 'Life' is hard and things are tough,

and you feel like you've had enough.

Remember always this one thing true,

Someone else depends on YOU.
Hi overcsa,

I have been reading the Assessment act and have found this.

Child Support (Assessment) Act 1989

Part 6ADeparture from administrative assessment of child support (departure determinations)

Division 2Departures initiated by a liable parent or carer

98J  Subsequent applications

   (1)   A person who has made an application for a determination under this Part in respect of an administrative assessment of child support is not, for that reason, precluded from subsequently making another application in respect of that assessment if, because of circumstances existing at the time when the subsequent application is made, there are grounds for departing from the administrative assessment.
   (2)   If:
   (a)   a person has made an application for a determination under this Part; and
   (b)   the Registrar has refused to make a determination on the application; and
   ©   the person subsequently makes an application for a determination under this Part; and
   (d)   the Registrar is satisfied, after considering:
   (i)   the application last made and the documents (if any) accompanying it; and
   (ii)   the previous application and the documents (if any) accompanying it and any matter taken into account by the Registrar in refusing to make a determination in relation to that application;
      that no new matter has been submitted in support of the claim that there are grounds for departing from the provisions of this Act relating to administrative assessment of child support in relation to the child;
the Registrar may refuse to make a determination, without taking any further action under this Part.


I may be wrong and please someone correct me if I am but it seems from this that a COA can be amended if there are grounds for it.  I'll keep on checking to see if there are anymore relevant parts to the Act.  

It would'nt hurt to throw this part of the Act at CSA and see what they say then.
regarding tactics, you could also object to the COA, seeking to extend the 28 limit because it was clear the other parties income was higher at the time.  HAve you weighed up how much it would affect the rate payable, ie is it worth the grief?
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