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Changing a 50/50 shared care arrangement

Guys, I need some advice.

I have a 50/50 shared care agreement with my ex over a child, curently paying $60pm to the ex thru CSA due to income differences. The agreement is in the form of Court Orders drawn up in 1999. The child is 13 yrs of age & she has an often explosive relationship with her mother. Not so much with me , but she is testing. She has diagnosed Aspergers & has some unique problems. Anyway a latest episode (shaving legs) has led to her being kicked out of her mother home, the last one was over her dying her hair (temporarily). Try not to laugh, its true!.

I dont care for either but hey she is a 13 yr old girl growing up, its hardly world shattering events!.

So speaking to the ex today, I have learned that she has no tolerance for the child or the Aspergers condition (it was only picked up on becuase my new wife many yrs ago , identified that there could be a problem, she is a teacher). My ex has never really accepted the diagnosis & hence doesnt understand that a lot of the childs problems are from the Aspergers.

Anyway it looks like , its either going to be for good , or at the very least for a couple of months. So my gripe is that I am not willing to pay the CS during this period & in fact are inclined to tell the CSA that I want to be paid for FULL custody for this period.

Can I just tell them, or does my ex have to sign a dec that this is true (becuase she wont, probably, becuase she knows that it will cost her).

Can I just withhold CS for that period ? how do I do this without actually incuring a debt that has to be repaid if the 50/50 returns.??

I am sure the CS are not going to be co-operative over this as they have never cut me any slack in the past>

Any ideas?? thanks in advance
S 52 of the CSA ACt allows for an interim determination while s53 allows for an alternative decision to be made.  Apply to the CSA for a change in case assessment under these provisions and brace yourself for a ride.
Thanks BR, i'll have  a read of this.
I am going through something similar with the CSA. I am the payer and I have applied for a reason 8 COA in regard to income. I have also requested reassessment regarding change in care arrangements.

As the payer I had to submit a COA application for the income part of it. However I just sent the new court orders re care of child to my case manager and they can adjust it straight away. This can be done verbally if your ex agrees and tells the truth. :lol: The easiest way for you would be to send your agreement for your full time care to the CSA. You would have said to your ex you need something in writing to cover any allegations later. Then send the agreement to the CSA.

Even if you dont get a written agreement you can keep a record/diary etc and use that. I understand that they are able to back date, they just dont like to.

Also don't forget that changes the Centrelink payments FTB, rent assist etc. This means you might get 100% or close of the FTB and she may lose her entitlements as well as her health care/concession card.

"When there is no enemy within, the enemies outside can not hurt you"
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