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Nom agency payments and future Child support?

Hi I have a question about CSA and non agency payments… I am the primary care giver to 3 children , I work fulltime and pay all expenses for the kids, Ex partner has refused to pay half of school fees etc.

I was paying Child support to the ex for two years because she had the children 35% and was not working in that time I asked CSA to credit school fees as a non agency payment but because the EX did not agree they could not do it.

Current situation is I no longer have to pay child support because the EX was NOT having 35% like she agreed to , she now has 24% care of the children and I do NOT recieve any child support from EX because she does not have a taxable income.

It is possible that in the future I will have to pay the ex child support again if she goes back to 35% care…..question is- Can I get all the school fees , clothes , medical expenses I am currently paying for credited for future payments?
           I don't think that you have any chance of that :-
CSA Guide - 5.3.1: Non-agency payments said
What is a non-agency payment?

A non-agency payment is one of the following types of payment:

    * a payment made directly to a payee (section 71);
    * a payment to a third party in discharge of a debt owed by the payee, the payer, or both (section 71A);
    * a non-cash transaction such as a transfer of property or the provision of services (section 71B).


CSA Guide - 5.3.1. said
Was the payment in respect of an enforceable maintenance liability?

CSA can only credit payments if the payment was made when there was an enforceable maintenance liability. This includes payments made for arrears on ended cases.


M is liable to pay child support to CSA from 1 April 2008, which is the date that F applied to CSA for collection. On April 13 2008 M asks CSA to credit $200 paid directly to F on 30 March 2008. M and F intended the payment to be for child support for April. CSA cannot credit the payment under section 71. At the time of payment there was no enforceable maintenance liability and the payment was a private payment to the payee. If CSA has been asked to collect arrears then the payment will be included when calculating the amount of the arrears.

CSA cannot credit a non-agency payment against a liability that is an agency reimbursement liability (sections 71(3) and 71A(1A)). This includes a New Zealand assessment. New Zealand cannot credit non-agency payments against their liability.

I believe that as there is no CS there is no enforceable liability, anything paid by either would not be taken into consideration.
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