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Ex backdating care

Ex for change to from 4 monthsago

Hi FLWG - my 17 year old who has chosen not to come and stay with me from June and until today I get a letter from CSA saying ex is claiming whole of are since June 8.  We had an agreement that the child was looking after the households were away from June 8 until July 31 part time, but child decided not to.  Since our return she has come down but claims she isn't staying over because mum wants her to help renovate the mother's house.  

Now CSA are telling us they are considering back dating the care to full time from June.  Mum knew she wasn't coming  over.  Can CSA go back this far?  I had also had told CSA before we left that there would be a change of care in that daughter would be living with mum and they told me to let the mother put in the change of care and they would sort it when we were away ….now this.

I am so angry - I rang them on June 7 with this information.  I have less than 5 months until my child is 18 and CSA having been making sure they get their pound of flesh
In general Child Support goes to where the child is living. If the child is living with the mother then you will need to pay more to her. You can advise the department you are taking action to recover the contact that you should have had and in that case you have between 4 to 14 weeks to take action and the formula will be suspended at the previous rate for an Interim period. This still does not stop them from going back in time after the interim period is finished. You might be able to get agreement from the mother. While you are in this reduced care period you do have the ability to look at Prescribed Non-Agency Payments. (Search the site for more info)

Interim periods
An interim period can be between 4 and 52 weeks long but rarely have I seen it over 14. CS use the amount of care in the written care arrangement during the interim period. They use the actual amount of care each parent provides when the interim care period ends.

In some cases, the length of the interim period may reduce. This can happen when the person with increased care participates in family dispute resolution (FDR). Increased care means more care than the written care arrangement states.

Reasonable action
An interim period may apply when the parent with reduced care takes reasonable action to have the care arrangement followed.

Taking reasonable action can include:
Genuine negotiations with the other parent to comply with the care arrangement
Filing an application in a court to have an order enforced, or
Attending an appointment at a family relationship centre
Sometimes, the interim period may be shorter. An interim period may be shorter if the parent with increased care takes reasonable action to participate in FDR.

Executive Secretary - Shared Parenting Council of Australia
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Thank you SPCA for your helpful response.   CSA have produced a written response to me and have said they will be using the date that the ex reported the change of care as the start date of the change of care and not June and will not be asking for back date payment as the ex had not informed them within 28 days.  I was able to prove that the ex had prior knowledge of 60 days that the change would take place  in June and I had tried to inform CSA before the date Ileft for overseas and were told by the CSA officer we had to wait until the change before reporting it.   It was noted we had tried to inform them; but because we were not in the country at the time and the ex had waited until now to change they considered we had tried to do the right thing.

I have no problem providing for my child; and gave her extra money whilst we were away to make she she had sufficient for her own needs.

I am sad that my child has not been included in the conversation  with my ex about her level of care and  she was quite shocked when I told her that her other parent had informed CSA she were living with her 100 percent. ; but  unfortunately my child and her mother consider this is for them to discuss and any attempt for me to negotiate leads to absolute psychological warfare for my child and or threats to my partner!

I do appreciate the responses, information and help that I have received on this website.   My child turns 18 in four months and I can then make my own choices and decisions with her.   Thank you for your help

 
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