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CSA charges for amounts not earned

How can CSA take money when clearly you haven't earned it?

Hi,
With everything going on over the last few years, losing my kids and all, my Taxes were in the too hard basket. I lost my job (was made redundant, CSA told me it would all be counted, so averaged my wage through the year and kept paying the high amount, then I gave a real estimate (which was significantly less having lost me job thanks to my ex).
I then received a new assessment, plugged it into the computer for fortnightly payments and promptly forgot about it.

So CSA got their money all was sweet, until the period ended where my estimate was accepted. It did say on the initial letter, however that was 12 months earlier. I never received a reminder letter and the internet letters never really worked. It was 2 months before I realised they had effectively tripled my wage (my previous earnings and then some).

This kept going for a bit. Again still distracted by my final effort to get access to my children meant it didn't get prioritised. So finally this year I have given up any hope of seeing my children, they have been totally turned away from me in a period of 18 months. I have now caught up on three years tax, which show my income was drastically lower than CSA records have me at. I put in an application to have at least the last 18 months adjusted, and was told today that it is not likely to happen and I would have to find about $8000!

I argued that clearly my tax reports show that I was not earning anywhere near the amount they had me down for. I even said I don't care if it shows I over paid, which I know I have, I just want the debt wiped. CSA didn't sound interested.

So after all that is it right that CSA can make me pay an amount based on money I never earned. This is not a case of potential earning ability. I don't mind paying child support, as long as it is the right amount. It doesn't even help out the kids anyway, just helps her lifestyle, which is why I pay for things like music lessons above and beyond CSA. Help please.
LoL,  Sorry I have to laugh. Its same old sager with CSA, it happened to me and lots of others, computer generated applications, rubber stamped and in the post it goes.
Lesley its a battle, but it can be resolved. Stop phoning and emailing the CSA. Put everything in written to the CSA and make sure that they write everything back to you, thats if you want to fight this.
You will have to fill in some forms ( application for leave ) with the FMC to go back past 18 months, also fill in a form for a stay order which will freeze your CS. Once you have those forms accepted by the courts, your battle has just begun.
Someone else on here might be able to elaborate a bit further on this procedure.
Thanks Taylor. Yes it is the same old thing. As tempting as it is to go back and gorge money out of her in reclaimed overpayments, I just want to wipe the debt, so 18 months should be fine to achieve that.
Is there nothing within CSA's procedures to stop CSA chasing money whilst the review is in process. I am happy to pay the ongoing amounts, just not the money that they have got wrong.
Hard to say, I am only a 2 1/2 year learner with the CSA.
Only thing that I can think of is to have your CS account frozen ( stay order ) untill its been sorted out.
Lesley,

I'm guessing C$A can't collect the whole amount as you were not C$A collect due to making payments to the ex directly? or are they taking more than the current assessment to reduce the debt?

Anyway I would not pay any penalties etc… as your best bet would be to apply to the court under s110 as this case goes beyond 18 months and have the court work it out.

Beware if your ex is not doing so well financially then court action might not go well for you but in most cases should be OK.

As mentioned you cannot change any payments etc… whilst any review is ongoing unless you get a stay order from the court.
Why should it be up to the courts to work it out, Fairgo.
Ths CSA should fix there mistake, not to make an incorrect decision and walk away from the matter so then the ssat can balls up the same decision.
Update. With tax updates they reduced my outstanding amount until September last year.
The estimate I had made months earlier expired in June (I didn't realise and wasn't reminded) they simply hoiked up the amount to match my previous income creating a debt of a couple of thousand.
Even though they have my taxes throughout this period now which show my income was no where near that they refused my application to change it, instead threatening to look at capacity to earn. I explained that I lost my job, can't work in that field again as qualifications have changed, my current job is building but a long way from being there income wise.
They don't care that I lost my career, home, everything. I won't be able to live if they do capacity to earn.
Everything I have seen in courts and CSA appears to be done on the principle that everyone lies. There is clearly no room for honest people.
THank you for your help and suggestions.
Lesley said
They don't care that I lost my career, home, everything. I won't be able to live if they do capacity to earn.
Everything I have seen in courts and CSA appears to be done on the principle that everyone lies. There is clearly no room for honest people.

 
I was in precisely the same position, so I became self-employed and dealt only in cash. My potential earnings were significantly lower than in the career I was forced to leave, but the net at the end of the week was at least mine and they could not arbitrarily decide to leave me unable to pay bills whenever they felt like playing silly-buggers.

The CSA is staffed with second-raters that no other department wants. They're nasty, spiteful failures and they don't mind taking that out on others.

Abolish the whole mess and replace it with a simple levy administered through the ATO. It would save billions.
I agree with you Craigo 110% with your whole comment. Its funny how the government can spend millions of dollars on helping illegal family immigrants set up house in Australia but can't help our own folks!   

I work on the KISS theory, why the hell can't C$A do the same thing?
pillar2post said
I agree with you Craigo 110% with your whole comment. Its funny how the government can spend millions of dollars on helping illegal family immigrants set up house in Australia but can't help our own folks!

I work on the KISS theory, why the hell can't C$A do the same thing?
 
I am constantly shocked at how many men are suffering at the hands of the CSA/Family Law system. I recently commenced a contract driving a truck for a large manufacturer after closing my business due to a lack of work earlier in the year. There are 8 other drivers who work from the same depot. 2 of them are married - no kids - both long-term marriages. One is on his 3rd marriage, no kids from this one, still paying CS for kids from the first 2 and essentially relies on his wife's income. One hasn't seen his kids in 12 years and it's so much at the front of his mind that I got told about it within 2 days of meeting him. He's on his second marriage, which may last - no kids involved. One had his divorce finalised about 6 months ago and lives in his sister's garage, since he has to pay all the bills as nothing was in his wife's name, but she ended up with the house and car and kids. He has seen his kids once since they split over 2 years ago. He chose not to dispute child matters through the court because he simply didn't have the money while she was funded by legal aid.

3 are CS payers, which came out when Alan, the chap who was resently divorced, had a bit of an outburst. They didn't say much - it's obviously a painful subject.

These are all decent men who work hard, yet our system of laws has created a situation for them in which their best efforts can avail them nothing and fulfilling their natural desire to have children has turned out to be a poisoned chalice. Out of 9 men who work from one depot, 7 are paying CS and as a result have little chance of improving their own financial position, meaning they will eventually be dependent on welfare to survive after retirement. Those who worked and saved hard to purchase a home have lost it and in some cases they've effectively lost their children as well.

It's well past time to get rid of this whole disgraceful, destructive mess and start again with a simple levy through the tax system that pays those women who choose a single mother lifedstyle a minimum stipend rather than rewarding them with the jackpot of the family assets and a hand in his pocket for years.
I thought I was confused … most of the 1.5 million divorced and separated parents who pay or receive child support have no idea how the calculations are worked out, and most of those who claim to know the rules are wrong. 90% of parents, wonder what percentage applies to the CSA.

Read more: http://www.smh.com.au/national/child-support-formula-baffles-90-of-parents--study-20120722-22iba.html#ixzz21Ps2XScX
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