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I am wondering if you pay child support, which i do, an exhorbinate amount in the range of about $700 per fortnight, am i required to still pay for things like if the 2 kids need braces? It is just a question that has raised it's ugly head? Any ideas would be a great help. Thanks
If they are required for medical and not cosmetic reasons, the answer is yes, you can be made to pay of the cost.
Smurfergirl, where do you get that from?  Guest is paying child support based on his/her taxable income.  Child support is calculated to cover medical and dental and by the sounds, Guest is not paying a pittance.

Guest, if you wish to pay for the braces and you can afford to then that's a nice thing to do but by no means do you HAVE to.

If the payee is unable to afford the braces and you can, you can then notify CSA that you have made a Prescribed payment, then the amount of the braces etc will be deducted from your child support payments.  See below from the CSA website.



Prescribed payments are certain payments that can be credited as child support even if the parent receiving child support doesnt agree the payment was in lieu of child support. As long as the paying parent pays 70 per cent of their normal monthly child support payment on time, a maximum of 30 per cent of the monthly payment can be credited in this way.

Prescribed payments can be for child care costs, school fees, school uniform and book fees, essential medical and dental items, the other parents share of rent, mortgage, utilities and rates, or some motor vehicle costs.

We only credit prescribed payments if the paying parent has less than 14 per cent (regular) care for all the chidren of the assessment. This is because if you have more than 14 per cent care of any of the children, the direct costs you incur when you care for the children are recognised in the child support formula.


If both parents agree the prescribed payment was made for the purpose of child support, then the payment can be credited as a direct or third party payment regardless of your percentage of care.

If you have made a direct, third party or prescribed payment call
 us on 131 272.
Example

Jodie and Phillip

Jodie and Phillip have two children, Steven and Gemma. Jodie, the paying parent, pays $200 a month in child support to Phillip, the receiving parent. Jodie pays $600 in school fees to the childrens primary school, and asks us to credit the payment as child support. Phillip says he did not agree that payment of the school fees was in lieu of child support. However, because payment of school fees is a prescribed payment, Phillips agreement is not required. Jodie also has less than 14 per cent care of the children. In this situation, we can credit the school fees payment as long as Jodie pays 70 per cent of her normal child support payment every month. Over the next few months, Jodie pays $140 a month by the due date (70 per cent of the monthly child support payment). The reminder of her monthly payment, $60, is credited until the whole credit for the school fees ($600) has been used.
I'm a different Guest to the original poster. 

Sorry Kyles001, but smurfergirl is closer to the mark when it comes to orthodontics.

Original Guest, if the braces are deemed essential medical treatment (rather than cosmetic), and should the Payee do a COA application under Reason 2 (Special needs of the child) then it would have a high probability of being successful.  There is a case on the SSAT Decisions website that explains it (Mr Long v Ms Long (Change of Assessment) [2009] SSATACSA 4 (2 April 2009)). 

My advice would be to ask the orthodontist for a letter outlining the proposed treatment and costs and ask them to specifically state whether the treatment is essential medical intervention or primarily cosmetic or desirable in nature.  If the orthodontists letter comes back saying it is essential (e.g as nerve damage or structural problems will arise if left untreated) then save yourself the pain of dealing with the CSA and come to an agreement with the Payee.

If the orthodontist letter says the treatment is desirable (rather than essential) and is mainly for cosmetic reasons (rather than structural), and you strongly feel that is not an expense that you want to additionally pay for,  then advise the Payee that they should apply for a COA if they want more money out of you for the treatment.  With the orthodontists letter and the reference to the above SSAT outcome, the COA should go in your favour. 

I pay a similar amount of CS to what you do, and yes, if its not essential dental treatment then the Payee should be able to pay for it using the existing considerable CS.  But my experience is it may be better for you in the long run that, if its not essential treatment but your kids do want their teeth straightened, come to an arrangement with the Payee to ensure that the treatment does occur.  Sometimes choosing to pay rather than being forced to pay leaves a better taste in your mouth.
Yep it does depend on whether the braces are necessary essential dental work or for purely cosmetic reasons. Guest is right, get a letter from the orthodontist, stating the reason they are needed. That will tell you how it will effect CS.
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