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Payments not enough

sub contractor in mining industry not paying enough and hiding income

Ex has not paid Child Support for a number of years until last year.

Paid for 4 months then stopped again.

Working as a sub contractor in a mining town so earning 3 times the amount of income compared to what he has stated on CSA forms.

Not provided CSA with real proof of income.

Now CSA has granted him a reduction on his COA.

What do i do?

He is earning a significant amount, still refusing to pay and he has been granted another reduction?

Was only expected to pay $50.00p/w now expected to pay $30.

Yet still claims cannot afford it!

Do i appeal to Csa , i provided all docs on my behalf, he provided nothing and he still got what he wanted!

Am i wasting my time with CSA?
Cindy said
Ex has not paid Child Support for a number of years until last year.

Paid for 4 months then stopped again.

Working as a sub contractor in a mining town so earning 3 times the amount of income compared to what he has stated on CSA forms.

Not provided CSA with real proof of income.

Now CSA has granted him a reduction on his COA.

What do i do?

He is earning a significant amount, still refusing to pay and he has been granted another reduction?

Was only expected to pay $50.00p/w now expected to pay $30.

Yet still claims cannot afford it!

Do i appeal to Csa , i provided all docs on my behalf, he provided nothing and he still got what he wanted!

Am i wasting my time with CSA?

In regard to proving income the CSA have limited powers and also restrictions upon what they can do. However your are not really wasting you're time. If you are talking about 1 child, then $30 per week is above the approx $22 per week for what is termed as a "Fixed Assessment". This being applied to a payer who has reported an income lower than the Parenting Payment Single ($13980). So all be it small that can be considered better than what could have been. Again assuming 1 child. As the amount is on a per child basis, for up to three children, then obviously being better of wouldn't apply.

You have a right to object to the decision and then you have a right to take the matter to the SSAT (Social Securities Appeals Tribunal), however you need to give these matters some priority due to the limitations of time in which to lodge them.

If neither are fruitful, then you could proceed to court.

However decisions can only be made according to the available information, perhaps you could try to investigate how you could gather evidence to support your claims. I'm not sure how as that's not an area that I've had any experience in.

There's a few links about the objections process here A Post/Topic with more information in regard to the objection process

Last edit: by MikeT

The key issue is income. However today in the mining industry and contracting things might become quite different very quickly.

Object if you are not satisfied but do it within the prescribed time frames. You must state in your correspondence that the correspondence is "an Objection" to the COA. Is there some reason the payer does not wish to contribute? Most people want to contribute to their children in some form. Is appropriate contact being arranged? The CSA have the power to investigate further into financial affairs and in the first instance look to the ATO as principally providing income statements through the return and then they would look at the information supplied in the assessment form (which as you know is not insignificant) the assessment officer can ask to view bank statements and bank card statements.

The CSA have recently started a number of more intensive audits where incomes for self employed persons are reported below a range of benchmarks and can certainly investigate further. The SSAT process is one option but you will need to provide some "evidence" of your allegations that the income reported is "3 times that reported" and actually earned.

Self employed persons are allowed a range of deductions and are some of the most complex returns to calculate. Where do vehicle or phone expenses cover private running / cost vs legitimate business running etc… Try being self employed for a while and see what the other side is like especially if you are funding inventories and staffing along the way.

In the first instance whatever you do you need to do it within the time lines set down…  The CSA will follow the legislated guidelines and the amount paid seems low to me if the payer is earning "A significant amount" which you have not indicated… Go to the calculators and work out what should be paid based on the income but the income will be less legitimate expenses … Discuss the matters with the CSA case officer and look at the various options. If the payer does not provide documents the assessment officer has a tough time even fixing a rate above the minimum.

Executive Secretary - Shared Parenting Council of Australia
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