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We are going through mediation soon and will establish a parenting plan, which we then would like to put in consent orders. The ex withheld the children since October. We would lodge the parenting plan with CSA when established, when does the new care period start? Once we lodge the plan with CSA or on a specific date? Do they take January and February into account, where the ex withheld contact?
I am asking because if they go by january-December, we wouldn't meet the mark and CS would stay as if we would have no care at all, which would make contact unaffordable. Let's say Jan-Dec would be 85 nights per year, but she withheld them during January and Febuary. We agree in mediation in march let's say and put in the parenting plan with CSA on the 15th of march. Until December, we would only meet the 50 night mark though. Or does the new care period start on the 15h of march then? For how long does the care period go for? We will have them approx 85 nights per year, but mostly during school holidays. If for example, they estimate the care period only until tax time, we also wouldn't meet the 14 percent mark, since the next holidays after Easter don't start till the end of July.

Sorry I might sound confusing, hope someone has an answer.

Also, CSA falsely awarded the payee nearly 2k in arrears for the 3 months before the payee requested CSA collect, due to a dispute in care, which we appealed to the SSAt for. The other parent told SSAt that she wants to await mediation first. If the payee doesn't agree to wipe those arrears, we still wish to go ahead though. SSAt hasn't come back to us after the payees request. How long does this normally take? We are about 3k in arrears, trying to hold on to that, applying for a stay order, since there is another dispute we appealed for. CSA said that they still try and collect, irregardless if we send a copy of the order application or not. I think this is incorrect. We are getting charged late fees. If the payee agrees in mediation to wipe out the arrears, what happens to the late fees? CSA was wrong, I don't really want to pay any fees to them. If the other appeal would be successful (which we would be happy to cancel if we come to an agreement with the other parent) the other parent would owe us money. How can that be recovered? It would be 2k or more, also depending on a CoA.
Without checking. I believe that it's words to the affect of actual or likely care. Thus if you submit a parenting plan, as agreed upon (signed) then CS should change from that time on as that's the likely level of care.

I believe that if there is agreement to wipe the arrears then the CSA would likely drop the late fees. However, it's entirely up to them, although it doesn't look good for them to get too much in late fees as  a clear argument can be made that they are then withholding money that could be used for the children (e.g. the formula is very much based upon a concept of trying to equalise the living standard across both homes).
Yes any changes would take effect from the day you notify them and the care period worked out 12 months from this date.

When the payee asks C$A to collect they can go back three months from the date asked.

If you have asked the SSAT to review a decision they should proceed.

Be aware that with disputes over care you can appeal a SSAT decision to the Administrative Appeals Tribunal. This is worth the trouble as the AAT have proper evidence rules where the SSAT are very loose and can make up their own evidence if they wish. Most other SSAT decisions can only appealed to a court on a point of law which means if the SSAT got the facts wrong, there is little you can do about it.

Last edit: by MikeT

Thank you fairgo and mike t. I thought so but wasn't entirely sure.
We are hoping to reach an agreement @ mediation and we are willing, that if the other parent wipes the arrears, to drop both SSAt reviews. Otherwise we will go all the way with both issues and if lucky, the other parent owes us money. We are happy just to leave it though, if we reach an agreement.

We are trying to reach a parenting plan and private CS agreement (consent orders). Let's hope the other parent is reasonable for once, otherwise its SSAt, CoAs and court for access if needed.
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