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COA vs New formula

COA vs New formula

Hi All.

I recently contacted CSA and asked when I will be receiving my new assesment letter based on the new formula.  The case officer informed me that as I am under a Change of Assessment (COA) - and not the standard aassement) until June 2009 - the new formula will not apply to me.   This is contrary to what was written in the letter I received regarding the new COA, that was from July 2008.

I am to pay an additional $350 per month (for Private Schooling - COA) on top of what the new rate will be.  Currently I am paying $2,430 per month (includes Private Schooling COA) and when I use MikeT's Calc and CSA's Estimator,  the new rate will be $1,950 per month. From 1 July 2008 I was expecting to pay $2,300.  I know the difference is small but given current interest rates and food cost rises, plus paying off legal bills (due to X contravening Contact Orders),  the differnce will help contribute to these additional costs.

Is the CSA correct that the new formula does not apply to me and are they doing this to maintain getting as much from me.

As I have written evidence stating the above, where do I stand?

Any advise/help much appreciated.

Thank you.
Thanks LifeInSight,

When the COA decision was made, The COA letter states the follow:-

"Decision

1. That for period 26 June 2007 to 30 June 2008 the annual rate of child support payable by Mr X be set to $28,500.

2. That for the period 1 July 2008 to 30 June 2009, the annual rate of Child Support payable by Mr X be increased by $4,500"

For Item 2 above,  the annual rate was not set and it states CS will be increased by $4,500 so I see the $4,500 increase on top of the New Formula amount.  I even contacted CSA to explain the 'Incease By' amount statement and Case Office said it will be on top of the new formula rate.

However,  I put in an objection due to other reasons and the Objection was objected.  The following wording in the second letter also states the increase amount is on top of the new formula rate:-

"From 1 July 2008, Senior Case Office B determined it would be fair to increase the Administratively assessed amount by $4,500, being half the school fees for the children.  This is expected to result in an assessment of $29,850 p/a - although this is subject to the new child support formula which is due to commence from July 2008)"

I even contact the Senior Case office who dealt with the Objection and he had informed me that the above will be on top of the new formula rate.  He had also informed me that if I could increase the children in  Overnight stay with me,  this could also bring down my CS amount.

So the way I read it and was informed,  my assessment amount will be based on the new formula amount Plus $4,500 p/a (COA).  Now CSA are tellinmg me that I am to pay the same based amount Plus $4,500, which works out $29,900.   I think it's their way of getting as much as possible from me.

Also,  under the new formula,  my X will only pay 8% contribution as she only works part time.  Having said that, she also gets PArt A and PArt B benefits,  my CS,  and her part time income which adds up to a very nice comfortable amount,  so why would she increase her earnings capacity !!!!
I viewed the link and basically, it is in line with the Change of Assessment (COA_ recently done on me. However, my query is the base amount, ie. am I being assessed on the new formula? Or do I still remain on the current formula amount?

Well I'll wait for the assessment letter, if my base amount is above the new formula amount, I can always object to it.

I have two children that I'm paying CS for and as I am a PaYE and the Children do not have any overnight contact with me (not because I don't want them!), then I faced paying the maximum amount.

Thanks for the info.
Hello LifeinSight.

To answer your questions, No I wasn't hiding any income, the increase is due to COA raised by my X for more Money$ for private schooling.

I'm aware of the reduction to Payers with overnight stays, however, as the children don't have any overnight stays with me, I am not entitle to any reduction.  And I've used the estimator on different scenarios and its all interesting but I don't expect my X to increase her contribution whilst she has it good working minimum hours.

Anyway, I paying my child Support,  a mortgage and I am living well.  I'm busy with work and personal interests and have many good friends so I won't (hopefully) get into bad situations / predicaments.  Your advice is very much appreciated as it is easy for Dad (or Payers) to fall into hardship.

Thanks.
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