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CSA could not recover arrears

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After waiting several months and being informed on many occasions by CSA staff that my claim for arrears of nearly 14k,had some positive leads. Well, that was not the case in the end!!! The father receives a government benefit and only has to pay $44 per f/night yet owns an investment property and a unit that he resides in!!! In the past he has worked for a month here and there and has never declared the earnings, hence I have never received extra CS payments. I am fed up with this system and would be very grateful for any advice as to collecting the arrears owed to me without huge legal costs. Our son is 16 and is a full time student. The father has no shared care at all. Please help with advice. Many thanks in advance. :(
After you have done the rounds to the CSA Complainats service for a 'please explain' (do it all in writing), maybe a quick visit to your federal local member may get some responses. CSA afterall have the power to go to court to obtain a 'sell order' for arrears. Have a look on austlii.edu.au for the fed mag crt (family law) decisions.

Have you put in a Change of Assessment using reason 8?
Thank you so much Valere for the very helpful advice.  A COA was done when he purchased his unit but not again since he has inherited the second property. That is initially why I put in a claim for the arrears as I was informed by a CSA rep that they had powers!!! I was confident that they would use these powers to recover the arrears. Well I will use your useful advice and make a complaint to the CSA. Thanks so much again.
If he is on newstart allowance will CL not have already done a assest test before he recived payments, also he is paying child support out of his CL payments and a part of that payment will also include a payment towards the debt.
If he is paying $44 a fortnight ($88 per month) out of his centrelink payments, then he could be paying of his debt. The normal rate of CS someone on CL pays for 1 child, is only about $30 per month. If he is paying off the debt then CSA have no grounds to sell assets.

If he is getting income from the investment property then this should be considered by CL and CSA (perhaps it is, that is why you are getting way above the normal amount?). Have they explained why he is paying over the normal $30 per month?
Hi…I recently won an enforcement application through the Federal Magistrates Court.  Essentially, there is a section under the CSA Act (I think around 143) where CSA overpayment recovery can be made.  Before you prepare any court documents, write to the CSA and confirm that you are intending to commence recovery of the overpayment of CS, through the FMC and that they are on notice that if they object to you proceeding throught court that you will be filing on a day not less than 14 days from the date of your letter.

To commence an enforcement application you prepare an 'application in a case' then a supporting affidavit (good to use a notice from the CSA to support that the debt exists, and a copy of the letter you sent to CSA stating that you are notifying them of your intention of commencing enforcement proceedings).  Ensure that you include include the Registar of the Child Support Agency as the second respondent.

Whilst I understand that the other party is on centrelink payments, but there is nothing to stop you from having some property seized or a garnishee order placed on their superannuation, a mortgage of free property…there are lots of ways to overcome this problem.  I understand that the Magistrate has the powers to make rules (somewhere around section 109 of the Family Law Act)  and this maybe a more equitable solution.  Now the superannuation garnishee may take some time to crystalise, however, I am no expert, but surely you could have that amount transferred to your super account, now and you'll have the benefit of time value, until you reach preservation age.

Good luck
Missali I do not think he has informed CL of any rental income to date. He thinks that they won't find out about it!!!! The benefit that he receives is perhaps a sickness benefit as he doesn't appear to have to be actively seeking employment. Thanks.
You can try an enforcement application however it can be defended. Have you both finalised your property settlement?
Property settlement between us was finalised 10+ years ago. This is property that he has inherited and purchased with inheritances, over the past 3 years.
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