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CSA Assessmnent or Family Court on extracurricular and medical fees

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We have been through CSA and SSAT on numerous occasions about Child Support
and it was determined about a year ago, that because I was on a low income
and pension that I no longer was required to pay Child Support.
CSA set my ex's income as $55,000 and has remarried to wealthy new partner.

Since then my ex partner keeps sending continuous sms messages insisting I pay for
after school tutor, dental, orthadontist, sport extracurricular and school fees.

The messages also say "is there a problem with you assisting?",  "I expect you to pay half for this"
"I need you to assist with the cost as I cannot afford to do this by myself.

I feel terrible as I just can't afford to, but at the same time, I want to help take care of my child,
but if I do it means taking food, and other, out the child's life at my house.

Can someone give me advice on CSA if my ex applies for change of assessment
or takes it to the Family Court on these grounds.
School tutor and sport extracurricular activities, unless the child is "gifted" would very likely not fit with special circumstances for COA (reason 2).

Dental is unlikely to fit with COA (reason 2) unless the costs were for "out of the ordinary" and essential work, same for orthodontist fees.

School fees would only fit if they were for private schooling and only if it can be shown that such schooling were as expected/intended by both parents.

Even if the COA(s) were successful in finding grounds for a departure then it is unlikely that a fair/just and equitable decision could result in you having to pay much at all considering your financial circumstances.

Perhaps you should seek protection against what very much appears to be harassment.

Here's some links to the CSA Guide The CSA Guide - 2.6.8: Reason 2 - the special needs of the child and The CSA Guide - 2.6.9: Reason 3 - high costs of caring for, educating or training the child in the manner expected by the parents. You may wish to additionally look at 2.6.1-2.6.5.

I would guess that if the matter went to court, then if it didn't result in "wrong place go to the CSA", then the courts would be as or more fair than the CSA in regards to consideration of your financial situation.
After school tutor is because child is in bottom of class at public school.


I was wondering if you could please confirm a few points.

Even if the COA(s) were successful in finding grounds for a departure

"Perhaps you should seek protection against what very much appears to be harassment."

"I would guess that if the matter went to court, then if it didn't result in "wrong place go to the CSA", then the courts would be as or more fair than the CSA in regards to consideration of your financial situation.

Why would … the courts would be as or more fair than the CSA.


Fluffs said
Even if the COA(s) were successful in finding grounds for a departure
An item must first meet the "special circumstances criteria" and in the case of reason 3 proof of your intention that you expected private schooling, for it to meet the grounds for a departure. Only if so can the COA continue in which case the fair/just and equitable factor should be considered e.g. can you afford it/what can you afford. I'd suggest, considering your financial position, that 50% would not be at all fair (However, the conjurations that come from COA are ridiculous and very often biased against the liable parent).

The real legal term for COA, as per the legislation, is "Departure from Administrative (purely formula based) Assessment", as per section 6A of the Child Support Assessment Act, which is entitled "Departure from administrative assessment of child support (departure determinations)". The term "Change of Assessment" does not appear at all in the Child Support Assessment Act. It is a term devised by the CSA. I believe that it is not the correct term that should be used. There are other changes of assessment e.g. such as income estimates. The term causes confusion and I believe this is deliberate ploy to try prevent clarity allowing the CSA to often get away with wrongly applying the legislation to suit the collection mentality.

Fluffs said
"Perhaps you should seek protection against what very much appears to be harassment."
Perhaps look to taking out an AVO against the other parent, or it's equivalent. To ask once or twice OK, but continual asking is harassment and abuse.

Fluffs said
"I would guess that if the matter went to court, then if it didn't result in "wrong place go to the CSA", then the courts would be as or more fair than the CSA in regards to consideration of your financial situation.
The CSA legislation was introduced partly to take such matters away from the Family Law Courts i.e. it's the CSA's job to do this (Family Law Courts used to work out CS/maintenance for children pre 1989). So you could understand that a magistrate burdened with doing the CSA's job could respond with a decision that clearly says that matter should be handled by the CSA. If you look at decisions such as SSAT the courts rarely saying anything other than SSAT need to redo their work correctly (i.e. look at the findings = look at SSAT"s failure to do their job).

Fluffs said
Why would … the courts would be as or more fair than the CSA.
The CSA have much renown for a collection centric mentality i.e. they score brownie points based very much upon what they collect. Only yesterday a CSA employee said to myself "You have to realise we are a COLLECTION Agency" (yes, I promptly replied you are in fact a CHILD SUPPORT agency". Magistrates and Judges are more attuned with the real world and are not driven by a collection centric policy.
Fluffs said
We have been through CSA and SSAT on numerous occasions about Child Support
and it was determined about a year ago, that because I was on a low income
and pension that I no longer was required to pay Child Support.
CSA set my ex's income as $55,000 and has remarried to wealthy new partner.

Since then my ex partner keeps sending continuous sms messages insisting I pay for
after school tutor, dental, orthadontist, sport extracurricular and school fees.

The messages also say "is there a problem with you assisting?",  "I expect you to pay half for this"
"I need you to assist with the cost as I cannot afford to do this by myself.

I feel terrible as I just can't afford to, but at the same time, I want to help take care of my child,
but if I do it means taking food, and other, out the child's life at my house.

Can someone give me advice on CSA if my ex applies for change of assessment
or takes it to the Family Court on these grounds.

  Fluffs..I did exactly as you for years. I'm now on pension and have for years paid the fees exactly as your ex has demanded.

I fought with the moral question and thus was taken advantage of by my ex. I have stopped now as people with like-minds as our ex's will never be satisfied and will never acknowledge any payments you make, wether it is over and above what you have to pay or not. Stick with the C$A assessment mate or you will be paying for her holiday adventures as I did.
Is there a way besides taking out an VRO to stop this harrassment?

Perhaps through Child Support Agency?
Or
Perhaps Family Court? (not that I really want to go through all that again)
OR
Someone suggested mediation through Relationships Australia?
If you have ordefrs you can ask for an amednment which could include something stating what type of communication is to happen between you. You could go to the police and ask to apply for an order re harrssement or as you have suggested you could try and take it through mediation.

"When we long for life without difficulties, remind us that oaks grow strong in contrary winds and diamonds are made under pressure"
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