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Assessment and Payments

Hi

I recently handed in my resignation on the 17th Jan.  I ended work on the 7th Feb.  I advised CSA on the 11th FEB that I had ceased work.  My normal CSA pay cycle was the 15th of each month (monthly).  As I had advised CSA prior to the 15 I thought the Jan - Feb assessment period would be altered to 0 as I have no income.  When I resigned the company pays 2 weeks ahead, 2 weeks behind.  Combined with only 3 weeks notice my pay peroid from the 1st Jan to 1st Feb paid on the 15th of Feb resulted in 1 weeks pay (-1 weeks for short notice peroid & -2 weeks for paid in arrears.

So when I rang CSA I owed $1400 for the Jan - Feb assessment period.  They told me it was because they can only change the assessment from the day I phoned them even though I was only paid 1 week for the JAN assessment period.  The CSA also advised if I objected to the JAN - FEB assessment of $1400 they would review the reason I quit and if not aduquate would reinstate my CSA payments of $1400 per month with back dating.

My question is this right?  Is there any thing I can do?

Also the CSA told me it a governement bill and if I decide to stop working the bill still exists and I have to find a way to pay it.  I responded saying if I have no money then how do I pay it.  I then ended the phone call.

Welcome to the joys of CSA. You will never pay "$0". Even if you are on the dole or a low income earner (less than the dole) you will pay a minimum of $6 per week.

CSA do NOT care what debts you have to service, even if the ex ran them up. They do not care if you are sick.

My advice is that, in future, you check with someone on this forum as to what your options are with CSA before you do something - carefully read the CSA site - or give the CSA a call first and ask them "if I do this, what are the rules, what will happen". They are very helpful in telling you how they will gouge you.

"I recently handed in my resignation on the 17th Jan.  I ended work on the 7th Feb.  I advised CSA on the 11th FEB that I had ceased work.  My normal CSA pay cycle was the 15th of each month (monthly).  As I had advised CSA prior to the 15 I thought the Jan - Feb assessment period would be altered to 0 as I have no income."

As already explained - you never pay $0.

"When I resigned the company pays 2 weeks ahead, 2 weeks behind.  Combined with only 3 weeks notice my pay peroid from the 1st Jan to 1st Feb paid on the 15th of Feb resulted in 1 weeks pay (-1 weeks for short notice peroid & -2 weeks for paid in arrears." CSA do not care.

"So when I rang CSA I owed $1400 for the Jan - Feb assessment period.  They told me it was because they can only change the assessment from the day I phoned them"

That is correct. Works both ways, if Mum finds out you are earning more, or you are having the kids less, CSA can only back date to when she tells them of the "changed circumstance".

"The CSA also advised if I objected to the JAN - FEB assessment of $1400 they would review the reason I quit and if not aduquate would reinstate my CSA payments of $1400 per month with back dating."

Correct again. This is because many Dad's quit there jobs when Mum wont let them see their children (in my opinion). You have a capacity to earn. Unless you have a very good reason for quiting, you will be expected to pay what you were before quiting.

"My question is this right?"
Morally? No. Legally? yes.

"Is there any thing I can do?"
In this instance, I do not believe so. More experienced players on the site may be able to give you some tips.

"Also the CSA told me it a governement bill and if I decide to stop working the bill still exists and I have to find a way to pay it."

Correct again. You got a well trained one! If you are nice to them, they will let you work out a payment plan. Maybe.

"I responded saying if I have no money then how do I pay it."
They will take it out of your dole. If you don't go on the dole, and don't pay it, you will not be able to leave the country. They will wait till you die and take it out of your estate!

"I then ended the phone call."
Just a tip with government agencies - always be pleasant. You should not be angry at the person, but at the system. The more polite you are, the more they will do for you. Also, ALL calls to CSA and Centrelink may be taped and CSA take notes on every interaction.

For the purpose of simplicity, I have used Mum for payee and Dad for payer - just because it's easier and it is the norm.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
Artemis, I think you can with pay $0 with the new legislation, if you have regular or shared care and you end up with a 0 or negative % (i.e your child support income % is low. i.e. the payee earns a fair bit and your care %, subtracted from this is 0 or less), the I think from what I've seen you are excluded from the minimum payments. Or if on a low income with shared car, the minimum payments don't apply.

For lower income:
The New Legislation said
65A  Annual rate of child support for low income parents not on income support

Assessment of annual rate

    (1)    The Registrar must assess an annual rate of child support payable by a parent for a child for a day in a child support period as the rate specified in subsection (2) if:

    (a)    the parent did not receive an income support payment during the last relevant year of income; and

    (b)    the following amount is less than the pension PP (single) maximum basic amount:

    (i)    the parent's adjusted taxable income for the last relevant year of income;

    (ii)    if an election by the parent under section 60 is in force for the day–the amount worked out for the parent under step 2 of the method statement in subsection 60(5) using the parent's estimate; and

    c)    the parent does not have at least shared care of the child during the relevant care period.
Minimum Payments for non low income :-
The New Legislation also said
66  Minimum annual rate of child support

Assessment of annual rate

    (1)    The Registrar must assess the total of the annual rates of child support payable by a parent for all the children in a child support case for a day in a child support period as the minimum annual rate of child support for the child support period if:

    (a)    the parent does not have at least regular care of at least one of the children in the child support case for the day; and

    (b)    either of the following applies:

    (i)    the parent receives an income support payment at the maximum basic rate during the child support period;

    (ii)    if subparagraph (i) does not apply–the total payable by the parent for all the children in the child support case would (apart from this section) be assessed as less than the minimum annual rate of child support for the child support period.
There again I've already show my expertise(sic) with interpreting legislation. :)
Apologies, yes. I was being very specific to necroyp's situation. Unless he has shared care, he is unlikely to get away with paying $0.

Looks like you'll be getting your legal eagle wings as well as a propellor hat.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
Well I have a new job.  So I informed the CSA 13 days after my first paycheck as they instructed me to.

So Today I get the assessment and they have backdated my child support 13 days before my pay check.  In effect from the day I started work.  What does this mean

1.  The month prior to finishing work I got paid 1 week but I am liable for full child support $1400.  CSA dont care its a government bill and thats my problem.

2.  They backdate my payments 13 days before my first pay check.  New job only pay in arerrers.  So I now have a $~2800 debt for 2 months where I did not earn an income.

I have a new family and we are stuggling to pay the mortgage and bills etc.  I have 35% care and still up for $1417 a month.  This goes up soon - as I recieved a pay rise.  Every dollar I earn result in about 40% to the x, 40% to gov leaving me 20%.  Some days you have to question why you get out of bed.  All this and the X is constantly at me for more money O_o even though she has a new hubby and driving a $110,000 car (me driving a 1994 bucket).  I still have all the bills for the kids etc and get no government assistance.  The x gets all government benifits because she technically earns nothing.:lol::'(:'(:'(:'(

I am now hanging out for June as it should drop my payments down to $1000 a month.

Is this a silly question?

Is the problem the way that your wage has been expressed on the pay advice?

It's been a big week and Friday, but I don't understand how you have had to pay twice, when you do not get paid in arrears.

I think you have the right attitude, take it on the chin and wait till July  :cool:

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
Let me see if I can explain my experience.

In the old job I was paid 2 weeks in arrears and 2 weeks ahead (monthly).

I quit at the beginning of January, with 3 weeks notice, which leaves me 1 week's pay (minus 2 weeks ahead and 1 week for short notice period).

Three weeks later, when I actually finish work - 1 week prior to my CSA payment I tell the CSA.  They tell me that they only make the change of assessment from the day I ring.  So I owe close to $1,400 for the January - Februayr period, when I was paid for only 1 week!  They also tell me to inform them if I get a new job 14 days after my first pay check.

At this point I owe $1,400 with no pay to back it up.

In the second week of February I start a new job and tye first pay check is about the 20th of Feb, on a fortnightly pay cycle.  I am paid for about 1.2 weeks.  This job pays in arrears.

Thirteen days later, as instructed by CSA, I tell them I re-started work in the second week of February (3rd March).  They backdate my assessment to the day I started work.

SO they can't back date for the X but they can for me.  And now I have another $1,400 added to my debt for the Febuary - March period.  My first pay check was the end of February and I am due to make the next payment cycle of $650 per fortnight.

Hope that makes sense.
your situation makes perfect sense… to all logical people who knuckles dont drag on the ground. The problem here is that your situation makes sense to you… not to CSA.

U LEFT YOUR JOB - you were not sacked, your head was not cut off in a tragic freak cd tray accident stopping you from working permanently (something tells me that if u did have your head chopped of CSA would still say it has earning capacity "sale of organs" so dont tick the organ donor option on your licence)….. CSA DONT CARE!!!

Remember nocroyp… you cant buck the system. PERIOD! you have to tow the line and stay in a dead end job that u hate just so u reduce the work load on CSA. if you buck the system they will make you pay. Dont change your job, address, car, assets or anything else. Dont get married have a girlfriend, go outside or have any form of life yourself.. just stay exactly as you are then CSA can keep an eye on you and know all about you with little effort.

Oh and for God sake dont have any interaction with your kids or try and provide them a life - thats the big no no! you are not qualified, you are a CSA Payer and the minue you are - you are instantly unworthy to make you own decisions. Hope you can se I am being sarcastic.

well  I  made an agreement with CSA to pay an extra $100 for the next year or so to pay the debt off.  The new laws helped lots and cut my payment by $300 per fortnight.

So while still not fair its much closer to the mark.  Also the other thing I like is that if my income estimate is off 10% when tax is calculated then I can be back charged.  However the x who put her tax estimate at the begining of the year at $21,000 just re-estimated 1 week prior to tax time at $39,000.

Now I am down to paying a $1000 a month.  With my new job I am about to get a significant pay rise which will bump it up again.  Its a never ending cycle or paying way to much to a person who turns around and uses the money to pay off her car and pay the lawyer to continue to drag me through court in an attempt to reduce my contact time.  The last court action saw my time increase slightly :) 36%, finally some justice and the magistrate instructed the x that she could not apply to change the orders for a mimimum of 12 months (some peace).
eCheck the rulings on 35% or greater care… think you might find you are entitled to a bit more… how many kids is this for? I mean a bit more relief from CSA not more time with kids that is… There is a rule about 35% as being shared care, whic brings into play establishment costs etc, etc, etc.

Might be worth a look, but on the other hand might just enrage the ex…

The big things to remember here is that it boils down to reaching a level that you are happy with. Some of us dont get that option - me I just pay $1000 a month 1 child on a $55k salary.
I have the kids 35.X%, not sure exactly the point difference 1 year and 36 point something in year 2.

I have spoken to numerous departments and they do not take into consideration anything less than 1%.  Therefore its considered 35%.

I have two kids on a salary of $92k with 35% care which means:

Payment $421 per fortnight ($912 per month).

And I recieve 25% of the family payment which is about $48 per month.

I can live with this as previously it was $700 per fortnight which was killing me and seriously affecting my new family.  In 6 months I am having another child which will reduce the payment by about $150 per fortnight.  However a payrise due this November will see that wipped out.
QUDOS on the new bub. Hear what you are saying well its good to know that your kids will get to meet the new bub.

My son (no contact) doesnt even know his sister exists, but his sister gets to know everything about him that i can tell her. Still tears the heart out when she asks questions about him though.

7 years of trying to get privately contact as like you cant afford the huge legals.  But still hold the hand out for the money.
Necropyp , no wonder you were struggling  with the payments, with your wage you would of been 3/4 of your money one fortnight into CSA. When you get a pay rise you do not have to pay more unless your ex asks for a coa based on you ability to earn. Your current payments and assessment should stand for a year, or until the date the CSA have set for you. When someone applies for a coa close to the end if the financial year will state the the assessment stands until November or for 6 months so they dint have to do an assessment in their peak period.

My suggestion is to not tell your kids or your ex or anyone you got a promotion otherwise she will apply for a COA. Your assessment will stand until next July that way

Rarghhhhhhhhhh!!!!!!!!!!!!

Han Solo routine "We're all fine here, thanks. How are you?" *weapons fire* "It was a boring conversation anyway!"
Yes except that you are supposed to tell them about change or circumstances.

Here's how it works

  1. you get promoted - earn more money - they need to know
  2. You lose your job - well you better justify that pronto
  3. Payee sits around does nothing, no job, no future - its all great !!
  4. You cant pay your bills, look after your health, service your mortgage, etc - tough luck - better prove it quickly

Politicians love this system. Heros

 Maybe I am not explaining myself well enough
I thought you were only obliged to tell them if you have lost 15% of your income or you change address or work. Can you get done for not telling them when you get a pay rise, or get overtime?

Rarghhhhhhhhhh!!!!!!!!!!!!

Han Solo routine "We're all fine here, thanks. How are you?" *weapons fire* "It was a boring conversation anyway!"
Monster you may well be right - I would have to look at the guide and the legislation (which I have not done). the point I was making is its a system designed to interfere constantly on the basis of income. Try approaching CSA and saying you can no longer afford to pay CSA because the mortgage payments have gone up and you will lose your house etc.

 Maybe I am not explaining myself well enough

Tax Income estimate

necroyp said
well I made an agreement with CSA to pay an extra $100 for the next year or so to pay the debt off. The new laws helped lots and cut my payment by $300 per fortnight.

So while still not fair its much closer to the mark. Also the other thing I like is that if my income estimate is off 10% when tax is calculated then I can be back charged. However the x who put her tax estimate at the begining of the year at $21,000 just re-estimated 1 week prior to tax time at $39,000.

Now I am down to paying a $1000 a month. With my new job I am about to get a significant pay rise which will bump it up again. Its a never ending cycle or paying way to much to a person who turns around and uses the money to pay off her car and pay the lawyer to continue to drag me through court in an attempt to reduce my contact time. The last court action saw my time increase slightly :) 36%, finally some justice and the magistrate instructed the x that she could not apply to change the orders for a mimimum of 12 months (some peace).
 

What happened to the ex, over the increased estimated income? Did you chase it up with the CSA?

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
Jon Pearson said
Monster you may well be right - I would have to look at the guide and the legislation (which I have not done).


Good idea!



It is always best to get the facts before giving others advice.
LifeInsight, I have to admit that I was able to get the CSA to concede to care precentage just yesterday.  Got the ex to admit to all known contact over the next 12 months or so in a series of emails.  Argued that it was the pattern and that they needed to treat me beneficially.  Section 50 is a wonderful device.
My original set of arguments were around amount of time spent in total.  A few things changed and I learnt some additional information which meant I was able to claim a pattern was emerging that would continue across rest of CSP and meant any other outcome would be unjust and inequitable.  Section 50 helped no end.

Also helps cut down matters to be argued before SSAT.
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