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Paying too much Child support for years


Long story short. My partner and I have had another baby. He has an 11 year old daugheter from a previous relationship. He loves his daughter and sees her on a regular basis.

However, he has not been working much and I seem to be paying for his child support. I looked into it as I wanted to know if the rate should drop as he has another child now.

Well found out he has been paying 100% child support rate when he should not be. He has her for over the 52 days a year that entitles him to have the rate dropped due to having her for regualr care.

I am majorly annoyed at this. As this means he has been overpaying child support for years now. Into about the 10k mark.

I used the online estimator with all the details and it keeps saying she needs to be paying him child support!

I find this hilarious, as she is on the phone quick smart if he is even a day late each month.

He is calling them today to find out what he can do. I just want to know if anyone else has had this experience and what was the outcome?. can you get backpay for overpayments? I just hope she doesn't stop her from seeing him due to this.

But he is not doing anything wrong. He is more than in his legal rights to do this and I have been paying for it as he has not been working.

Any opinions/advice appreciated.

The rate would likely drop if there is a relevant dependant child (RDC) (i.e. the child that you have together). However, this depends upon the liable parent's income. If the adjusted taxable income (ATI) is below the self Support Amount (SSA) (this amount is currently $21,6362 for assessments that start in 2012 but changes each year). The reduction or Relevant Dependant Child Amount (RDCA), which is then subtracted from the ATI when determining the Child Support Income (CSI), is determined in the same way as the cost of a child/children is calculated but with only that parent's ATI being used. As such CS isn't reduced by this amount but the parent's child support income is reduced by this amount which then affects the cost of the CS children and also the Parent's Income Percentage (PIP).

The PIP after having the Care reduction subtracted is then the percent of the cost of the child/children that the liable parent pays. The care reduction is 24% for regular care, 0% for under regular care, and 25% + 2% for every 1% over 35% care up to 47% care. The reduction for 48%-52% is 50%.

If the care of the child is regular care (14%-24% or 52-127 nights) then there is no way that the other parent would have a liability (would pay CS) as there is a rule that says if the other parent has more than 65% care then any liability is reduced to 0.

Backpay of overpayments would not be considered if there had been no CS assessment. If there was a CS assessment and that the CSA were at fault then they should correct their fault and thus ensure overpayments are corrected (probably through credit against liability. Alternately if the CSA were at fault then Compensation for Detriment due to Defective Administration (CDDA) could be an option. However, it is very likely that the CSA would go to great lengths to stop any form of reimbursement. Their first tac is usually to try to get the other parent to gift the overpayments and then come up with garbage like the other parent needs the money. If the mistake was not the CSA's, e.g. that they had not been informed then there is no action that they would take.

To give a more comprehensive answer would require more specific information, especially in regard to who/how the CS was worked out and how payments were made. However, in short, it will likely not be easy to get any overpayments back.

I suspect that you might not have been inputting the correct information when using the estimator. I am pretty sure that the estimator does not allow you to do calculations of prior years. However, there are calculators available from the home page on this website. The Advanced Calculator is the only one that remains supported and this does allow prior years (select the year in which the assessment starts from the drop down year selector). This calculator also provides far more information if you select the "show calculations" option.

Examples - Using the Advanced Child Support calculator

CS is for 1 child under 13. For the second comparative example a RDC will be included who is also under 11. Care is for 127 nights (regular care), a third example will change this to 128 days to show the effect of the rule mentioned above. The parent with the lower level of care has an ATI of $35,000 whilst the other parent has an ATI of $60,000. Year 2012 is used.

Example 1 - Basic 1 CS child

Inputting the information

  1. The year 2012 is selected.
  2. Parent A1's ATI is input as 35,000.
  3. Parent A2's ATI is input as 60,000.
  4. For parent A1 in the child relationship for C1, Parent is selected from the drop down list and 127 is input into Nights Care.
  5. For Parent A2 in the child relationship for C2, Parent is selectd from the drop down list; 238 should have been input automatically into the nights care.
  6. Click on the Calculate button after clicking on the Show calculations check box.

The result is then that parent A1 has a CS liability of $13 per month.

Example 2 - Example 1 but with an RDC

Inputting the information the RDC information

  1. Click on the Add Child Button at the bottom, another child C2 will be added.
  2. For parent A1 in the child relationship for C2, Parent is selected from the drop down list and 365 is input into Nights Care.
  3. For parent A2 in the child relationship for C2, select Other from the drop down list, the Nights Care should have been set to 0 automatically.
  4. Click on the Calculate button.

The result is then that there are no liabilities.

Basically the RDCA (2274) is sufficient to reduce the PIP from above 24% to less than 24% so that when the 24% care reduction is applied the CS percentage is 0 or less.

Example 3 - Example (RDC child removed where parent 1 would have a liability but where it is negated by the 65% or more rule

Inputting the information the RDC information

  1. Click on the Red X against C2 to delete the second child (the RDC).
  2. Change A2's ATI to 200000.
  3. Click on the Calculate button.

The result is then that there are no liabilities.

Even though the parent with the greater level of care should have a liability as their PIP (93.02%) less the care reduction (76%) is greater than 0 (17.02%), due to the 65% care rule the liability is negated.

Example 4 - Example 3 but where the parent with the greater level of care has less than 65% care

Inputting the information the RDC information

  1. Change the 127 nights care for C1 to 128 nights.
  2. Click on the Calculate button.

The result is then that the parent with the greater level of care now has a liability of nearly $300 per month.

Hi thank you for your input.

I used the online estimator on the child support website. On the human services website.  And that it was it is saying.

I don't expect her to have to pay him at the end of the day, but I do expect him to be treated fairly and only have to pay was he is legally required to.

He is constantly buying her things, she never goes without.  and he has always paid the child support even when we were broke after just having our son.

He is not working many hours anymore and I just want him to be treated right.
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