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CSA "reconciling" estimates 8 YEARS old!

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We recieved a call from the CSA today that said they have reconciled our estimates from 2001 and 2003 and that we could owe as much as $4000.

We recieved a call from the CSA today that said they have reconciled our estimates from 2001 and 2003 and that we could owe as much as $4000.

They claim they didnt have the technology to check actual income against the estimates we put in at the time and with upgraded technology they can do it now so are.  This is RUBBISH.  They have always checked the estimated amount against the actual amount and adjusted it accordingly.

The other issue is they "audited" our assesments about 3 years ago and they went back 10 YEARS and said they were fine except for one year where we had to pay a huge $1 more.  Conveniently they dont seem to have a record of that audit.

How can they go back 8 years and 5 years and now say we owe more.  We did DH's tax return every year but they are saying they now have "more recent information."  How on earth can they have more recent information when we have done our tax returns and we didnt fiddle our tax returns at all!

I am feeling sick over this!!



Please help. :'(

Unaccountablity

If the system can justify this situation then we would know how they get away with their unjustifiable presumption.

I have no answers but what is happening with the staff change over?
I contacted my local MPs office today and she cant believe what is happening either.  I have to send in a letter outlining the story.  I found an account from 2005 that asks for payment of 73cents that was adjusted from back in 1997 so that, to me, proves the case was audited in 2005 to at least as far back as 1997.  She thinks so too.

I dont know anything about staff changes.

I DO know that this "reconciling" has only been started a few weeks ago and they will be going over EVERY estimate put in since the changeover to the 15 month assessment periods began.
This is very interesting

"I DO know that this "reconciling" has only been started a few weeks ago and they will be going over EVERY estimate put in since the changeover to the 15 month assessment periods began."

It puts me in a different position from you and it may work against them,time will tell.

If you have all records I would not be too concerned.
On the contary, I would be very concerned.  The way the law is expressed the CSA must reconcile all estimates once a tax return is lodged.  I hear there are lots of people (payers) getting shocks many year after they thought everything was sorted.  Anyone subject to an estimate at any point should be expecting CSA to come a calling/collecting.    
Bigred said
  Anyone subject to an estimate at any point should be expecting CSA to come a calling/collecting.
  Does that mean payers AND payees and will it include when roles are reversed IE payer changing to payee?  I have been away for a while and am unaware of this new development. Whats happening? Also 'sounfair' if you have lodged tax returns in the past I wouldn't be too concerned either, those who haven't lodged would be the ones to be worried IMHO.

When 'Life' is hard and things are tough,

and you feel like you've had enough.

Remember always this one thing true,

Someone else depends on YOU.

happened to hubby 2

In may last year hubby got a letter stating there had been overlooked $1007 or such, and he had to pay it back. Still doing that as with cs so high and all its very hard finacially.

As for  the paye has been over paid if its a certain amount of time i dont think they have to pay it back.
Hi . Reading this I am very glad that we changed to a private agreement. This is the ONLY way to keep CSA from interfering like that. We also changed to private collect{at the payees request}. We now manage everything ourselves, without the CSA. Its still a registered agreement,but unless the payee asks them to, the CSA leave us alone.  A private agreement will cover you for any unexpected shocks,such as backdating. I cannot stress enough sounfair,try and do the same and you will never regret it.
yeah but getting the ex to agree is the hardest part
acep74. I agree but you have to try. We have no contact with the ex and have a long and turbulent history with her.(she is a welfare defrauder and stalker as well)…We have not spoken to her face to face for 5 years. All we did was get the forms from CSA for a PA and fill them out and post them to her.(we photocopy them so she cannot alter them). Almost immediately she signed the PA and sent it to the CSA. We rang the CSA to confirm that she had sent them .  All it takes is about 1 month for them to process and thats the end of it.  We always set the PA for at least 2 years,so we dont have to contact her any sooner than we have to.  She is very happy because she now receives her CS weekly direct deposit in her account{ This was the sweetener for her) She had asked to get CS weekly a long time ago, but we refused as we did not want to do her any favours…Anyway, its nice to know that we have some say in how and when she gets the cash.She cannot do a COA or complain in any way, unless she replaces the current agreement with a new one(which we would have to agree to). I cannot say how much less stress we now have…No interference from her or the CSA,its the best of a bad situation.  If you are desperate like we were, its worth a try, she can either say yes or no,but try and sweeten the deal…
I am very concerned.  I got the paperwork today and it is almost $5,000.  There is NO way I made that big a mistake and I did all the figures with the CSA before we put them in so I was acting on their advice!

My local MP has already lodged a complaint with them over this case.  They agree that regardless of whether we made an error that long ago the fact is they have had DH's tax return for 8 years and THAT is when the reconciliation should have been done.  Not 8 years down the track!

I have spent most of the day crying because I just dont have the energy to do this anymore.  They had a LEGAL obligation to do the reconciliation and they failed in that.  If anyone should have to pay it THEY should because had they done their job PROPERLY 8 years ago we could have worked out what we did wrong where and paid the amount back then.  

Saying if we have done our tax returns then there is no reason to worry isnt right unfortunately.  I dont have records for that far back and I really dont recall all the circumstances behind the estimates.
i feel for you, thats alot of money.
We are getting the run around to , must be the day.
hubby has his SSAT appeal coming up next week.
But the older daughter has gone again from the mothers .so now back i dont think SSAT will hear the case as she has gone.
And because child support is only dropping by $55 we still need it reduced  a little more, so now a run around and back to COA ..
THis is the 3rd time the daughter has gone from one hme to another and via a 3rd party , just how often can this happen.
We are also worried they are playing games to get the appeal dropped and the daughter go back home.  :o
We are thinking we will go down the route of COA based on the fact the BM is using novated car lease agreement.  Also, at the moment, she is interstate and is getting big $$ in living away from home allowance.

We will have no choice, we will need to try and increase the payments she is meant to be making so it will just come off our debt instead of her having to pay us.  We werent going to do it because we have never been "about the money" but if they are going to screw us to the wall we will have to do it to save ourselves.
overcsa said
Bigred said
  Anyone subject to an estimate at any point should be expecting CSA to come a calling/collecting.
  Does that mean payers AND payees and will it include when roles are reversed IE payer changing to payee?  I have been away for a while and am unaware of this new development. Whats happening? Also 'sounfair' if you have lodged tax returns in the past I wouldn't be too concerned either, those who haven't lodged would be the ones to be worried IMHO.
 

How sweet that would be.

Unfortunately the system is totally, and I will repeat totally ,focussed on shafting dads for dough.

Perhaps some accountability would be appropriate but don't hold your breath.
I had a similar problem, where the CSA sent information to Centrelink. I received a bill for $3500. After spending around 40 minutes on the phone, i was told that there is apparently a glitch in the system that will be rectified in a week or so. And i dont owe any money
sounfair said
We did DH's tax return every year but they are saying they now have "more recent information." How on earth can they have more recent information when we have done our tax returns and we didn't fiddle our tax returns at all!
Have they said exactly what the "new information" is. I assume you have lodged a letter of objection within the prescribed time frame of receiving the new assessment letter. You will need to get alongside the case officer assigned here and get to the bottom of what evidence and what reasons are being used and why this has come up all of a sudden. It is probably part of the additional scrutiny on self employed payers or could be initiated by some other advice they have received. Both parents incomes must be included from July 1 2008. SSAT is also available on an advised assessment. My first port of call would be to a face to face meeting with an officer if that is possible and at least a phone call.


Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 

Time Limits

In relation to the 'time allowance', the CSA can only make a determination through the COA process for assessment periods up to 18 months prior to the date upon which a customer lodges his or her COA application. If a customer wants CSA to consider changing the assessment for a period more than 18 months prior to his or her application, they can apply to a court under section 111 for leave. I am not sure if this means a department initiated review or not.

A court may grant leave for the CSA to make a COA for up to seven years prior to the day on which the customer applied to the court for leave. A court may alternatively grant leave and make an order itself to change the assessment for up to seven years prior. Only a court can order this.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 

toasted

The only people who have anything to be concerned about are those who have lodged an estimate in the past and then failed to meet the requirements in updating it when their circumstances change.

All those people whinging and whining about receiving a retrospective change should consider the amount they should have contributed to their children in the first place.

For those that feel the reconciliation is unfair and it's older than 18 months go and apply to the courts for a section 111 (costs very little if you represent yourself) and then have a change of assessment reveiw of the circumstances (be aware you may get a contrary decision that increases rather than decreases your rate).

Child Support Policy and Family Law has long held that a period past is a period lost in respect to retrospective increases to child support, meaning it is very diffcult for a change of assessment to condone a change from years gone by because it is the thought of the Family Court that a payer most likely does not have capacity to contribute additional $$$ to the past period and its not fair to put this additional financial burden on them now.(Its in your best interest as there is no other way to get the reconcilation turned over)

BE AWARE THIS IS ONLY FOR A CHANGE OF ASSESSMENT CONSIDERATION…THE RECONCILIATION DOES NOT HAVE THIS DISCRETION AND NEITHER DOES ANY STAFF MEMBER AT THE CHILD SUPPORT AGENCY.

Hope this helps

Last edit: by Secretary SPCA

Well you're wrong there.  We did all we were supposed to do with the guidance of the CSA.

As for the people "whinging and whinging" as you so politely put it had they come to us 8 years ago and said it was wrong it would have been a different story.  Back then we could have afforded to pay it but DH is earning a third of what he was back then so we cant afford it now.  

My issue is the time delay.

And the comment "should consider the amount they should have contributed to their children in the first place."  Dont judge what you know nothing about.  DH has paid well over $100,000 in CS to his children so dont try to make out he is a dead beat dad because he isnt.  

I wonder if the ATO came to you 8 years after a tax return and said "sorry, you shouldnt have claimed XXXX so now you owe us another $2,000" if you attitude would be any different!
i recently found out that I am not entitled to "taxable deductions" even though they are allowable and given the OK by the ATO.  I guess with this new system itis another excuse…method for them to do you over again.  I have been battling an issue like this now for about four years and no one in the CSA is willing to 1) Listen to what I am saying. 2) are willing to do anything about it.
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