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Non Agency Payment Credits and Care

I cannot recall where I have read this:

If your level of care is less than a certain percentage, all things that you buy for the children are not considered discretionary and are considered the property of children.  Would this be correct?   This is in relation to Non Agency Payments. Your advice appreciated.
Justice,
          you've been misled a little, it is, in brief, only if both parties agree that it was an intended payment and if the level of care is below regular care (14%).

Here's an extract from the guide :-

The CSA Guide - 5.3.1.: Non Agency Payments (extract) 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 can credit a non-agency payment to a child support debt if the payer and the payee both intended when the payment was made that it was a payment towards the enforceable maintenance liability except if the liability is an agency reimbursement liability (sections 71(3), 71A(4)).

The legislation also provides for prescribed payments under section 71C. If the payment was of a kind specified in regulation 5D (known as a prescribed payment) CSA can credit the payment up to a maximum amount that is equal to 30% of the amount payable under the payers liability for the period only if:

    * the payer of an enforceable maintenance liability in relation to a payment period or initial period has made one or more payments to the payee of the liability, or to another person; and
    * the payment is a payment of the kind specified in Regulation 5D; and
    * the sum of those payments exceeds the sum of all such payments previously credited under this section against the liability for all past periods; and
    * at the time the payment was made the payer has less than 14% care of all of the children to whom the relevant administrative assessment relates; and
    * at the time the payment was made the child support liability was not being fully or partially met by a lump sum credit (sections 69A and 71C(5)(b)); and
    * the liability is not a registrable overseas maintenance liability (section 71C(6)).

Here's a link to the guide, you may also wish to follow the links to the legislation. The CSA Guide - 5.3.1: Non Agency Payments

Communications Book

Geez I wish we had kept the communcations book, it clearly stated what items were requested by the mother, food, clothing, extra curricular activities etc.  Ah hindsight.  Because there was no agreement, CSA did credit some payments, but not all payments of similar nature.

Mike T, as you quote and interpret legislation, are you allowed to post points from cases?  This more clearly states what angle I am getting at.  :offtopic:
My tip to others is to photocopy documents, like the communication book, before it goes back to the other party.

They have a tendency to go "missing" and "lose" pages….

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. 
Justice,
          are you asking me to post cases or are you asking to post your case, or perhaps something else? If the former, mine is over, as circumstances change, I became the recipient in theory, and then elected to end the case. I've not actually been privy to anyone else's case in full. A few people did provide me with their information which helped me get the calculator working. However they were just assessments and figures. I have to also admit that I have some useful sources of information and can run things by those sources.

I'm just wondering if you may be asking me to assist with your case. This is something that has been broached on here, something along the lines of the SRL-R (CSA-R). Unfortunately this is very slow getting off the ground and I'm primarily to blame as my circumstances have changed. I'm now the "Lives with parent" and also I virtually run an after school youth club (quite a few kids descend upon the house most afternoons/evenings after school as I work from home most of the time). Time is a lot scarcer than it was 3 months ago.

Are you asking me to post cases or are you asking to post your caseor perhaps something else?  I have to also admit that I have some useful sources of information and can run things by those sources
Perhaps I should clarify myself, oops! I found in one of the judgements in the Federal Magistrates Court, some information similar to what I am trying to ask.  Am I allowed to copy and paste that onto here for reference? And any clarification/assistance is welcome.

SRL-R (CSA-R).
  What a wonderful idea….anything to with advocacy is admirable.  I even had a txt message read out on 612ABC.  Mr Miller was on answering CSA questions today, and he couldn't/didn't answer mine.

My tip to others is to photocopy documents, like the communication book, before it goes back to the other party.They have a tendency to go "missing" and "lose" pages….
Copies of the book would have been nice to demonstrate the intention.
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