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CSA say I have to pay the mother even though daughter no longer lives there !! How is this right???? We would rather pay the person currently looking after her. How do you fight this???

Just wondering where we stand on this. My partners daughter is apparently living elsewhere now, she is almost 14, the mother wont give him any infomation and when he questioned more for phone numbers and names she changed her story to oh she still lives here too.obviously twigged oh no money is gona get cut. Now shes never there when he calls or in bed asleep, the 2 answers he always gets. The education dept liason officer has told him she is living elsewhere and she has been there so we know shes not at home. He also rang neighbours in the street and they havnt seen her for weeks, I rang child support and was told we may still have to pay the mother even though shes not living there???? how is this right???? I said  we would rather pay the person currently looking after her. How do you fight this???
I would suggest that you obtain whatever evidence that you can that the child is not being cared for by the other parent, the education dept liason officer's words being one such piece of evidence.

It is possible for a parent to still have care even if the child is not living with the person, however this is limited (by what I'm not exactly sure). The CSA's guide says this :-

CSA Guide - 2.2.1: Basics of Care said
Additionally, in limited circumstances, a person may have care of a child who is not living with them. For example, a person can provide care for a child who is at boarding school, in hospital or in separate accommodation. A person who simply supervises the child (for example, a baby sitter, a child minder such as a grandparent, a schoolteacher) does not provide care. Consideration is given to who has responsibility for making arrangements for, and decisions about, the child's welfare, as well is who is meeting the child's costs, and not the accommodation arrangements themselves. CSA will give weight to statements from both parents and any non-parent carers.

This section of the guide can be found here The CSA Guide - 2.1.1

Therefore evidence that the mother is not paying for the costs of the child, this would include not paying the cost of the accommodation, would support not caring.

Unfortunately the CSA very frequently consider the amount that they can collect as the highest priority and as such they may well be loathe to act upon information which may result in this being reduced and it is this that reluctance that may very well have resulted in the response you have been given.

There may also be other departments/agencies such as Centrelink who would be interested in ensuring that a fraud is not happening. Perhaps contacting Centrelink may result in the matter being clarified and corrected.

Is the child in a relationship and has therefore become a member of a couple? If this is the case then a terminating event has occurred and no CS should be payable at all. Again you'd need evidence to support this if it is the case.

You may be able to get a location order (the SRL's will hopefully correct any wrong wording and perhaps advise on how you could go about getting one). If you get this then I believe that Government departments have to comply and provide information regarding the whereabouts of the child.

Are there court orders in place, do these restrict or remove your partners responsibilities toward the child, if not then schools should not withhold information and should treat both parents equally.

Are you concerned about the welfare of the child? If so then perhaps DoCS or the relevant states child protection department could be involved.

Lastly when dealing with the CSA I would recommended always speaking to a number of people (i.e. phone them a few times) as far too often the advice given is incorrect and or incomplete. I've even been told of one time, this was less than a year ago, when the CSA told the mother of a newborn child that she could not claim CS because the father was under 17 at the time of conception.  Perhaps if you had pointed out that the other parent, if not caring for the child, would then become a liable parent as well, something might have registered that a chance for further collection existed.
I have also informed centrelinks fraud line, and alos the housing dept. CSA called me back and said they asked the mother and she said shes still living there so  they cant proceed with our report mothers word is gospel apparently no checking no nothing. I told them about the liason officer they said they cant call a third party, i cant believe they do no checking at all!
Liason officer refused to tell the father where she is living said she is not allowed, the school also refused to give any information as the mother hadnt listed him when registering.
We have contacted DOCS they said we cant do anything, police said the same thing.
How do we get a location order and from who??

3rd party

With the new laws bought in last year , a 3rd party can claim cs from both parents.

we had to do this , i feel its wrong though when this child still has an option from both parents, but might choose to leave only because of rules . Fair enough if there is physical or emotional abuse . This is where the govt have allowed our children options to leave a family home . My step daughter went to friends of ours who took her in then turned on us claiming for cs, made an agreement with the mother but wouldn't agree with us they wanted more money.
just to add there are court orders for my partner to have access and no rights have been removed or restricted.
Go the school where the child goes and find her
well we could if she ever went to school, thats why the liason officer is involved she has hardly attended in the last 3 years, the mother had to go to court last month because of this.
WE wouldbe happy to pay whoever is caring for her just dont want to send money to someone who doesnt have care of her.
Widget said
I told them about the liason officer they said they cant call a third party, i cant believe they do no checking at all!

If this is the case, then this statement is yet another example of the CSA providing incorrect information, the CSA guide says this :-

CSA Guide - 2.2.1: Basics of Care said
Statements from third parties

CSA can consider statements provided by third parties and may contact a third party to clarify their statement if necessary. CSA will advise the third party and the parent who provided the statement that the other parent will be told the source of the information and given details of the information contained in the statement so that they can comment on the information. If the third party or parent providing the information does not want the details provided to the other parent, CSA will not consider the statement when making a decision.

CSA will respect the privacy of the parents and the children involved. CSA will not obtain, or have regard to, information from children. CSA will not contact third parties without the consent of the parent who provided the information and will not imply that any person is obliged to provide information to CSA. If a parent provides a statement from a third party CSA will infer that they have consented to the third party being contacted.

The CSA Guide: 2.2.1: BAsics of Care
and also :-

CSA Guide - 6.2.3: Information gathering powers under the Assessment Act said
Context

CSA has statutory powers to obtain information for the purposes of making and varying child support assessments.

Legislative references

Sections 160, 161 and 162A Child Support (Assessment) Act 1989

Regulation 10 Child Support (Assessment) Regulations 1989

Explanation

CSA can give a notice to a person requiring them to notify CSA within 14 days, and in the manner specified in the notice (section 160), if:

    * a specified event or change of circumstances happens; or
    * the person becomes aware that a specified event or change of circumstances is likely to happen.

Only events that might affect the payment of child support or the rate at which it is payable can be specified in the notice.

CSA can also require a person to:

    * provide information (section 161(1)(a));
    * attend and answer questions (section 161(1)(b)); and
    * produce documents (section 161(1)©).

These powers must be exercised for the purposes of the Assessment Act.

The CSA Guide - 6.2.3: Information gathering powers under the Assessment Act
Also please follow this link on How to report false information

How to report False Informaation

Perhaps you could consider taking on the services of a private investigator.
well the liason officer today gave my partner the ladies number who is caring for the child, so he has spoken to her and his daughter now we will see where we go to from now.
good luck
Is there any chance that his daughter could live with you?
No, too many problems she caused for us before after we had custody and she again wanted to go back to mum. AVO's and false lies to police etc cost us a fortune to contest in legal fees. it was thrown out, but not prepared to go through that again, and a multitude of other things she has done that caused us major problems. She is constantly moving in with different people every few months, not sure how long this one will last either just not prepared to hand over hard earned money to someone who doesnt have care of her.
i understand all that we went through a lot with sd now 16 , she lives with her older boyfriend , Now we are just waiting for when she goes back to her mothers as she always does . We have no contact but are meant to pay for the children. Have no issue with paying just the amount and not having contact with the  children. My hubsand has had enough we all have. $ yrs left to go until finished with cs .
I have an update to this now. CSA have advised if we can get a letter fom the carer and the liason officer they will use that as a reason to end the case. Also found out the mother sent the police round to the carers house claiming they had kidnapped the daughter....funny thing to do seeing as she claims shes still living there dont you think???
ahh the trials , now she would be only worried about her family payments being axed . :lol:
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