Donate Child Support Calculator
Skip navigation

Estimates and reconciliations

Add Topic

How come I can't appeal my estimate reconciliation?

I am really confused by the whole issue of estimates and reconciliations. Is it true that I can only appeal for seven years after I lodge my ESTIMATE, even though it has taken CSA LONGER than that period of time to do the reconciliation? So they can then go back into my account and change the financials, but I can't appeal because they didn't do anything for seven years? Or am I just confused by the red tape as usual? How come I don't get seven years from the time of the RECONCILIATION? CSA are being really unhelpful, but surely I can't be the only person in this position. 
Hello? Anyone? I should add here that the ATO supplied the taxable income within 12 months of the estimate (2001-2002 period) but did not do the reconciliation until 2009. Surely this is unfair, or a glitch in the legislation?
Unless the legislation has changed recently you can challenge any of day of child support paid that goes further back than 18 months via section 110 of the child support assessment act.
The csa can not go back any further then 18 months from the date unless they have acourt order.

Do not let them tell you otherwise.

ERROR: A link was posted here (url) but it appears to be a broken link.

And the bottom line is

How long should a decision apply

CSA cannot make a change of assessment decision that affects the child support assessment payable for a day that is more than eighteen months before the date upon which a parent or non-parent carer lodged their change of assessment application (section 98S(3B)(a)). In the case of a CSA-initiated change of assessment, CSA cannot make a change of assessment decision that affects the child support assessment payable for a day that is more than eighteen months before the date CSA notified the parties in writing of its intention to change the assessment (section 98S(3B)(b)).

However, if a court has granted leave under section 112, CSA can make a retrospective change to the assessment for the period specified by the court in the order granting leave (sections 98S(3C) and 112(6)). However, CSA is not obliged to make a change to the assessment for the period the court has granted leave (section 112(8)). The court cannot specify a period that includes a day that is more than 7 years earlier than the date of the application to court for leave to make a retrospective change (section 112(7)).

The reasons for a change of assessment may help to determine the duration of a decision. Other factors will also be considered in deciding how long the change of assessment should apply.

CSA will make a decision that produces an appropriate change to the assessment and if possible allows for future changes in circumstances to be assessed without the need for a further application to change the assessment. If it is likely that future events may affect the assessment it is best to make a decision for a shorter period.

To provide as much certainty and consistency for the parties as possible, CSA will make decisions which cover the longest period possible, having regard to the circumstances of the case. CSA will take into account the beginning and end of child support periods when making a decision.

Last edit: by Secretary SPCA

1 guest and 0 members have just viewed this.

Recent Tweets