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Recent questions about the new CSS

Selected recent questions raised with the LFAA by CSA clients over the last month or so in relation to problems with the administration of the new Child Support Scheme have included the following - classified by type of issue

Questions raised by CSA clients

Selected questions raised with the LFAA by CSA clients over the last month or so in relation to problems with the administration of the new Child Support Scheme have included the following - classified by type of issue.
Overview/formula:

Gross versus net income
Why is it that superannuation payouts are taxed twice, while child support, etc. are not taxed at all in the hands of the recipient?

Income cap
In the context where the income cap had previously been $104,000 and is now calculated as a combined $160,000, the CSA is empowered to ignore the income cap provisions if it wishes (Section 985).  This is usually done where there are both high and low income earners involved, subject to the determination being "just, equitable, and otherwise proper" But why is this, given that the provision clearly runs counter to the basic philosophy that payments should be required in line with the "costs of children"?

Overtime and second jobs
Why is there a rule that the income from second jobs exempt from child support only up to the point where that extra income amounts to 30% of the total gross income (when this was not recommended by the Ministerial Task Force)?

Prior understandings
Why under the new formula are some parents having to pay school fees as well as full child support?

Family assistance
Why are Centrelink officers giving advice which differs from CSA advice about child support obligations?

Why do cases occur of unresolved conflict between the CSA and Centrelink - where, for example, CSA says that a father has 39% care of the child (court-ordered) while CSA says he only has 29% care.

Care/contact
Why are there unresolved conflicts about the percentage of care based on the child's school year as against the calendar year?

Why cannot some payers get recognition that they have care of the children on, for example, Saturdays?
Assessment and collection:

How does the CSA ensure that, in cases where an ex-wife's new husband is also the ex-wife's employer, her apparent income is not illegally minimised?

Why cannot some payers get recognition that the costs of contact for them are more than 5%?

Is it correct for an extremely high child support assessment to remain in place from now until, for example, November 2008?

Why does the CSA change their opinions when the payee changes hers, and renege on previous undertakings?

Why do payers have to pay for mistakes made by the CSA where the CSA claims that the mistakes "cannot" now be corrected?
Compliance/payments:

Why do CSA officers readily indicate that they are "satisfied" that clients have received CSA notices, when in fact there may be considerable doubt about it?

Why does the CSA claim that "irregular payments" going into a payer's bank account are "income", when in fact these payments are loans from the payer's family members to help the payer get by and establish a business?

Why is information about above-cap income made available to the other partner?

Why is reimbursement of child support overpayment assessed at such very low rates ? in one case at the rate of $300 per annum over 30 years?

Why is the CSA refusing to repay money that they have received as over-payments, while also at the same time harassing the man's new wife?
Administration, General:

Why are some CSA officers overbearing when dealing with clients (usurpation of power)?

Why is there harsh behaviour by some CSA staff towards clients?

Why does the CSA claim in some cases that there is "no supervisor to talk to".
Family law:

Why is the Family Court still pursuing false abuse allegations in some cases even though they have already been dismissed by a criminal court?

Why does the Family Court, in effect, condone perjury?
May 2008

Last edit: by Secretary SPCA

How are you providing this feedback to FaCSIA the policy arm for CSA?

We are providing our feedback through the Emerging Issues register on the home page of this site, direct access for FaCSIA to these forums (Public Forums) and the templates provided.  You could send the link for this topic via email to FaCSIA and they could review and comment.

Thanks very much for the Post and update LFAA Policy Advisor, it is good work :thumbs:

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
lfapolad said
Questions raised by CSA clients
  Ifapolad

Hi!

I am still quite new here.  Who are you and what do you do with your questions?


 
lfapolad said
Why do payers have to pay for mistakes made by the CSA where the CSA claims that the mistakes "cannot" now be corrected?
 
If you respond to people's individual questions, could I encourage you to tell them about the little known compensation provisions?

If a payer or payee can show that the CSA has made a mistake or even just misadministered their case in a way which has cost them unrecoverable money, they can be comepensated.

This is tricky because of course CSA does not like it.  However, after intervention by the ombudsman, I did manage to succeed at this, so it is worth trying.



CSA

katie said
lfapolad said
Questions raised by CSA clients
  Ifapolad

Hi!

I am still quite new here.  Who are you and what do you do with your questions?
lfapolad said
Why do payers have to pay for mistakes made by the CSA where the CSA claims that the mistakes "cannot" now be corrected?
 If you respond to people's individual questions, could I encourage you to tell them about the little known compensation provisions?

If a payer or payee can show that the CSA has made a mistake or even just misadministered their case in a way which has cost them unrecoverable money, they can be comepensated.

This is tricky because of course CSA does not like it.  However, after intervention by the ombudsman, I did manage to succeed at this, so it is worth trying.
 

Katie -could you post on here how you went about it and what was said by all?
Cheers lass

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
monteverdi

Did you just call me lass?  That has like, totally, made my day!!

I will need a day or so to write a condensed version of events then I will post under a separate topic.

Cheers

katie lass




The Lone Fathers Association of Australia (LFAA) is a largely voluntary organisation that has been around for 35 years lobbying for improvements to family law in Australia.  It is the largest and longest-serving voluntary organisation in Australia concerned with family law.   

The LFAA fights for the rights of children to know their fathers and be loved and guided by them. The organisation has twenty Branches around Australia.  The LFAA has been influential in bringing about many changes to legislation over the years, including the 2006 changes to family law and the associated changes to the Child Support Scheme.

The LFAA has had occasion from time to time to advise inquirers about the opportunities for obtaining compensation from the CSA when the CSA makes wrong decisions which cost their clients serious money.

Like the SPCA, the LFAA has a brief from FaCSIA to publicise the new CSS and to provide feedback. (I am a member of both organisations.)

Monte, you deserve to be congratulated for having succeeded in getting the Ombudsman to actually do something useful.  Our experience with them has been that they are about as much use as a bull with tits.  While we did largely achieve our objectives eventually, the Ombudsman was lead in our saddle bags all the way there.  

 :ninja:

Sec, SPCA.

The LFAA will provide feedback to FaCSIA as part of our normal reporting, and your idea of also providing a link to the references on this Site sounds good.
katie said
lfapolad said
Questions raised by CSA clients
  Ifapolad
Hi! ….Who are you and what do you do with your questions?
The poster is an esteemed and revered executive member of the Shared Parenting Council (Director ACT) and happens to be the Policy Advisor Lone Fathers Association of Australia. lfapolad has more boxes of files in his garage than I do which says something about us both.

The issues raised are (as per my earlier post) entered into the "ISSUES REGISTER" on the site here, entered into the emerging issues templates that we have, dealt with directly by one of our groups and responded to, added to the FAQ area of the siteor sent to canberra for a specific response.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 

SEC SPCA and good ideas

lfapolad said
Sec, SPCA.

The LFAA will provide feedback to FaCSIA as part of our normal reporting, and your idea of also providing a link to the references on this Site sounds good.
  Yes - our sec SPCA does occasionally come up with good ideas! Will have to meet up when I am next in Canberra.

Yours cheekily Monti

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
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