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Can CSA use a 6 month period on an assessment (from 9 years ago) ?

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Should CSA be able to backdate income more than 5 years ?

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CSA changing an estimate from 9 years ago

Hi All,

Hubby recently received a "Changes to your Estimate of Income" backdated to "2001" where CSA were advising he had an actual income higher than an estimate he provided.

I was hoping someone could answer a few questions regarding this situation:-

1. Can CSA use a 6 month income period only ?.
Hubby was out of work for 3 months after the timeframe they are claiming, so therefore $0.00 earned for 1/4 of the year (they are not taking this into consideration).

2. Can CSA backdate more than 5 years, when the A.T.O. only ask us to save documents for this length of time ?

3. If we have ALL the letters & statements from CSA from the past 13 years, will they hold up in a court of law ??
i.e. We paid what CSA advised us to pay based on actual information from that time.

4. Are we better to go to SSAT or Family Law Court for appeal of an objection ?

5. Neither party involved in this case asked CSA to go back into previous assessments/earnings. Who has the right to do this & why ? Could it be that it is due to being the FINAL year of CSA payments ? 

Thank you to all who reply.
This action By CSA is a directive from the Federal Minister for Human Services The Honourable Chris Bowen to reveiw all assessments and as such they have the power to go back as far as they like to AMEND assessments and fine Payers  for backdated arrears they have created.

Everyone has been focussed on things like the Emissions Trading Scheme and Mining Super Tax and This little Gem along with the fantastic proposal to rollback Equal Time considerations have been gently swept aside. make no bones about it CSA is an instrument of the government to reduce Family Tax Benefit by making Payers pay more thereby winning over the largest voting group.

In youre instance you cannot object  to CSA as they are amending and not changing an assessment You can appeal to SSAT but you will not get anywhere as they basically rubberstamp these amendments as far as I am aware there have as yet been no published Federal court decisions on this area as yet.

If you search through the forums you will find  many posts regarding this matter. You can negotiate  the fine  but you will still have to pay the "new" arrears.

Still wondering who is willing to put up there hand and say they voted this government in.Maybe they can put the baby bonus up a few thousand and make child support percentages a little higher. Maybe  The Honourable Minister could issue a directive for CSA to take payers to court and pursue jailtimes to assist with the  proposed equal time  changes. Along with some oneoff Stimulus packages from the super mining tax, they'll be a certainty to run the country for another 3 years.

You can fool some of the people some of the time but you cant fool all of the people all of  the time unless they work for CSA and youre a Payee:)
Thanks Leroy,

I appreciate the comments and had no idea this was the case. I also wonder who voted for our current government as I certainly didn't and haven't found a single person to date who will agree they did.

In relation to the CSA matter. We will be persuing it to the end as the amount they are claiming is unreasonable and unjust. How can they take a portion of a year only into consideration ?? Isnt this the reason 15 months was used in calculations rather than just 6 ?

I wonder if the government is aware of how many relationships will be ruined after this process. We spent alot of time as a family with my hubby's ex but now we are not speaking due to the "money" she wants but isn't owed. Very sad…
There is also the other avenue that the majority of people do not know exist, it is called "Compensation for Defective Administration".  If the CSA want to go and revisit cases from all those years ago and then say there was a mistake or that there was an error in the calculations at the time, hey presto Defective Administration.  Obviously it is not as easy as that but it is an avenue to look into.
Forget the CDC scheme - I've been waiting for a decision for well over a year. There are very few rules in how they are to operate the scheme so they do nothing.

I advise that you do not pay a cent if you do not agree with it. Depending on your situation you may not be able to stop collection however if they can't take it from you, wait for them or the ex to file an enforcement (child support) order and then you can file an application (s.116) for a change of assessment in response. If you can show in Laymans terms that C$A has been unreasonable then you are likely to have some success. I think going back 10 years in itself is unreasonable, however if the ex's financial situation is not as good as yours at the moment then your case will be less successful.

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