Donate Child Support Calculator
Skip navigation

Ongoing battle with CSA


CSA and I are destined to always be in battle. I am trying for a private agreement as we speak.

1. Interim care decision from July last year has not been finalised.
2. COA that I put in under capacity to earn for the Father as been turned around by CSA and they are looking at my capacity to earn and why I am not a beneficiary to a trust fund and why my sister is. The Father never counter claimed my capacity to earn,
3. With regards to school fees they are making me pay for the Son in his care as all the evidence they needed to make me pay was that it was a Catholic School. The fact I sent countless emails to the school and the father begging him not to change my son and send him to that school doesn't matter I have to pay half??
4. I have read through every legislation and really with regards to all these issues I can only see that it is the interpretation of what the officer believes.
5. Father reduced his income yet again by $40 000. How can he keep putting in his tax return then change his income amount the next day?

Is there are time frame to which interim care orders must be decided?

Last edit: by annie

annie said
With regards to school fees they are making me pay for the Son in his care as all the evidence they needed to make me pay was that it was a Catholic School. The fact I sent countless emails to the school and the father begging him not to change my son and send him to that school doesn't matter I have to pay half??

Annie there are countless other posts regarding the payment of private school fees. If you agreed in the past or acquiesced to private education and have the capacity to pay for half then not only the CSA but the SSAT and FMC are likely to endorse the same decision. If you make any financial agreements that a Court would recognize, the only method of setting it aside or postponing it - would be your inability to pay.

annie said
Is there are time frame to which interim orders must be decided?
No. Time frames can be caused by hearing lists or an intention of the FM or Judge to delay Finals. Usually because they wish to see a process work through and to ascertain how something is or is not working.


Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
Thanks. I was actually wondering if anyone had any outcomes of Education expenses. We agreed on a school my son was sent there and then his father removed him and enrolled him in a Catholic school (which was the agreed religion) but all the other aspects of the school including it is co -ed does not have a sporting program or a learning support program. I emailed my concerns to the father saying I did not want him to attend the school as well as emailed the school but he is now there and his father is asking for half of the payment. While money is not the issue I do not want my son at that school as it is not the one I chose with the father.

CSA are saying too bad you pay and the legislation seems to be very much up to ones perception.

The interim care decision is again to do with CSA. The Father did not follow the court orders so I therefore informed CSA they told me to apply for interim care orders to CSA which I have but no one will make the decision to apply these to the case from July last year. I have written evidence from the father that he agreed through mediation that he would not follow the orders. New Court related interim orders have now been applied to which he is not following them again and that was in February this year. Again he does not show to pick up the children so I am going to have to apply to CSA for interim care orders again until the Judge makes final orders which are in July.

I am not sure if this all make sense. CSA are just refusing to make a decision on the interim care orders and I am not sure where to go and if they are doing the right thing.
annie said
The interim care decision is again to do with CSA. The Father did not follow the court orders so I therefore informed CSA they told me to apply for interim care orders to CSA which I have but no one will make the decision to apply these to the case from July last year.

Annie, I am getting confused "they told me to apply for interim care orders to CSA". Do you mean make the assessment on the orders that the Court had issued? To avoid arguments between the parents (he said, she said) they have a set of Court orders to use to ascertain care levels.

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
I think it might be the old legal vs actual but I am not sure. Out of the blue CSA changed the care of the kids giving Father 35% of care even though he never took the children. Apparently he phoned up and changed it. I objected and lost because of court orders made in 2001 but when he contravened them in 2001 mediation was ordered and we agreed in writing to not follow the orders until he advised that he wanted to which he never did.

CSA wouldn't change the care but agreed to make an interim care decision with me providing evidence that the father was not taking them and everytime I phone they tell me they are going to make a decision soon but never do and I think the time frame has passed for me to object to the SSAT on the initial care decision. I have also seen my case manager in person and I am told they are about to make a decision. It does not affect me financially as I pay him and he pays me nothing but it does affect Family Tax Benefit B. I do not understand with the evidence they have being a signed agreement by both parents not to follow the orders how they can put the level of care on the assessment.

Of course now the new Court appointed interim orders made in February are not been followed so do I go for another interim care decision.

Just Hanging in there for the children

I had full time care of my children (then) 6 and 10 prior to Oct 2007 when My second marriage ended.  I had to return to full time work and approached my ex (first marriage) about a shared care arrangment.  We had a private CS Agreement he gave me nothing for the first year to help him get on his feet (also gave him $75,000 I had $230,000) to purchase new home. Thereafter he gave me $400 per month until baby turned five then $500.  At that time I was paying more than $400 per week in child care.  But he did not have the capacity to help.

In Oct 07 I spoke to my ex about a shared care arrangment so the children would not have to go to school care.  I would have care on w1- Wed, Fri Sat Sun and w2- Wed Sun, half holidays, bdays shared etc.  He agreed and we moved the children to school near him because he would not drive the 8kms to their then current school.  My son only had a year remaining.  Anyway………

That afternoon we discussed more formal arrangements as no Orders were currently in place.  To my surprise his partner had a legal doc drawn up outlining what they thought was a reasonable time share.  I was not in agreement with their contract and refused to sign it. I was also moving hosue so I asked if we could meet next Friday to nut out an agreed arrangement.  They also advised that the children should not see me for the next month so they could settle in. I began to get very concerned and angry.

Next morning I got a call from CSA advising that my children now resided with my ex and that I needed to pay $1010 CS as he no longer wanted a private arrangement like the one he had.

I explained that I was not in agreement this decision to no avail.  I had to pay maintenance and not see my kids for a month.  I was then allowed access only every second weekend and for 1 hour on a wed.

I proceed to have orders drawn up by a Family Law specialist who fumbled his way through the process.  SOme appointments were cancelled after I had arrived as he was very busy.  Then a barrister was briefed only a half hour before our appearnace.  Oh the evening before my ex and his new partner faxed through 2 X 50 page affidavitts.  All lies lies lies.  My barrister also stuffed up telling the reg that the children had lived with the father prior to Oct 07.  I was gone…………

In light of the FALSE affidavits and no affidavit from me, the CSA decision, the current living arrangements and the fact that I had signed the children into a new school I was granted only an overnight visit on a WEd.

I am excluded from all parent teacher meetings and school activities as my ex refuses to provide info.  I have contacted schools and they too advise that only one parent gets notes and parental consent requests.

I am needless to say shattered and exhausted I am only hanging in there for my children.

I have no more money for legal fees already spent $30,000.

Why is the system so unjust.

What, if anything can I do.  Purgery???????? (the whole doc) false,  falsified docs as mine to CSA (I put this to CSA no response) Prevented me access to children Refuses to provide info about scholing, health etc.

PS Father owns a four bedroom brickfree standing home valued at around 1.8 mill and runs a business and supports wife mother 4 kids and says he earns $15,000.  This means that when I pull myself together I will still have to pay him about $1100 per month.  I have told CSA but they say I have to pay any way as investigations may take up to six months.  (This seems so unfair as CSA do not refund overpayments).

Last edit: by Poppy

Poppy, you say "I am excluded from all parent teacher meetings and school activities as my ex refuses to provide info.  I have contacted schools and they too advise that only one parent gets notes and parental consent requests."

It would appear that you are in NSW. If so there is a document entitled Family Law and the School. I have included section 4 below, you may wish to contact the school again and ask that they may wish to rethink their response after referring to the document, especially section 4.

Family Law and the School said
4. Parents rights in respect of access to school documents
School reports, student photographs and other documentation


4.1 In many instances parents who have separated will both still seek to play an
active part in the education of their children. Often a parent will not agree
that the other has a right to participate in or receive information about their
childrens education.

4.2 In the absence of a court order, each parent has equal rights in respect of
their children.

4.3 Where one parent has a residence order, school reports should be provided
to that parent. If the parents have separated but no orders have been made
by the court, reports should be forwarded to the parent with whom the child
is living.

4.4 If the parent the student is not living with requests copies of school reports,
they should be provided. Principals may but are not obligated to send the
school reports until requested by that parent. If reports are sent to a nonresidence
parent, principals should ensure that address details of the student
are not included in any documentation sent.

4.5 If a court order is made that denies parental responsibility for the long term
care of a child or gives sole control of educational matters to one parent, the
other parent is not entitled to any documentation or information about their
childs education from the school.

4.6 The same procedures as outlined in paragraphs 4.3 to 4.5 apply in respect of
requests by parents for copies of student photographs and other
miscellaneous documentation relating to students and their activities at
school. In determining what information can be given to a parent with
whom the student is not residing, principals should provide any information
that would ordinarily be sent to the parent with whom the student resides.

4.7 Whilst principals may ask non-residence parents to contribute to the costs
of forwarding school reports, it should be stressed that any contribution is
purely voluntary. Provision of the reports must not be denied on the basis
that a contribution has not been made.

The entire 25 page document can be found here Family Law and the School

Sorry that this is the only comment I have to make at present. I might respond to other issues at some other time.
Hi Poppy I know all about what you are going through. Its like hitting your head up against a brick wall. I sat in court listening to 100 page affidavit of lies and self representing found it very difficult as I was served on the day of court. CSA knocking on your door all the time throwing one thing after another is also an extremely tough situation. It is the hardest thing I have ever had to do but slowly I am trying to disengage myself emotionally and just going through the government red tape. Its hard to do though.

I phoned the school and demanded that my sons reports be sent to me as well as all correspondence, it took awhile for them to get it right but in the end they have. I also  see the head of year 10 monthly. You must demand your rights as you are entitled to know how your children are going at school until the age of 18 when they can inform the school themselves that they do not want you to receive any correspondence. The only time a school usually says no is if there is a child abuse claim.



Poppy I'm very sorry for the troubled times you have, you sound like a great mum and provider.
Keep up your chin and keep striving for what is important to you.
A saying I like is "you cannot change the wind but you can adjust the sails"

My best wishes to you, Geoff.
1 guest and 0 members have just viewed this.

Recent Tweets