Donate Child Support Calculator
Skip navigation

Has Anyone Applied To Have Child Support Payments Increased (Special Circumstances Form) And Suceeded

Add Topic
Hi
I separted in Jan 09 have 1 child Age 5 in my Full time care, The child Support Agency Asessment is $361 per month or $9.00 per day which does not even cover a meal.
Has anyone applied to have an increase and succeeded? There are reems of paperwork it seems.
I have been paying the mortgage alone since January as well as all other expenses and can't understand why he only has to pay this small amount


Thanks
shazcam said
Hi
I separted in Jan 09 have 1 child Age 5 in my Full time care, The child Support Agency Asessment is $361 per month or $9.00 per day which does not even cover a meal.
Has anyone applied to have an increase and succeeded? There are reems of paperwork it seems.
I have been paying the mortgage alone since January as well as all other expenses and can't understand why he only has to pay this small amount


Thanks
 

CSA payments are based on the combined income of both parents and the amount of time you have the care of the children. You can seek greater payments but there has to be a valid reason for it.

As to the mortgage: Was the house/unit in both names? Has there been a property settlement?

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
It's simple the payments are based upon a formula that takes into account both parent's income, as Monteverdi has said, furthermore your ex, as your ex is very likely a tax payer, and other taxpayers are also paying for the FTB (Family Tax benefits) payments and other benefits that you are very likely receiving.

Assuming that you're not working and you are on PPS (Parenting Payment Single) or any income support, based upon you saying that you have full time care, then the other parent would have a taxable income of $44290 to pay CS of $361 per fortnight. You would likely be getting PPS of $569.80 per fortnight, (as newstart without child is $453, that's another $106 per fortnight ($252.42 per month) that the other parent is helping to fund being a tax payer), add to this something like $156.94 FTB part A ($340 per month), there would likely be another $93.10 for fortnight in FTB part B ($201.71 per month), that again the other parent is helping with. The other parent and other taxpayers are assisting you with providing other benefits.

However for every $1 in CS paid, FTB is reduced by 50c, so that's a negative of $130 less per month, that should be considered.

By my calculations that's at least $1155 less $180 = $975 per month, or $11700 per annum, that the other parent and taxpayers are providing for the support of your child, so your $9.90 per day is actually likely at least $32.03 per day (taking into consideration leap years). It could be that your ex, was not working and on minimum payment of $6.82 per week ($29.55 per month), so I suggest that you should count your blessings, as you are getting $330-$165=$165 per month more than some in a similar position and that your ex has kept thier job in the current economic climate and is providing as much.

You mention a mortgage, perhaps this is genuinely beyond you so perhaps you need to investigate whether or not you can sell the property, as this would free you from spending money that is meant for the child. Again as MontiVerdi has said, property settlement may result in you recouping some of the mortgage payments.

You also mention that $9.00 doesn't cover a meal, well most of the major stores are advertising appetising and nutritional meals for 4, for under $10, so perhaps you should take heed some of these as that works out at $2.50 per meal, less if you factor in that a child of 5 would eat less than an adult. Perhaps people on here could be so kinds as to provide sugestions for economical meals.

Another avenue that is open is that the Government provides subsidies for child care that would allow you to go out and earn and provide financially for the child, that is if you aren't doing this already (again I reiterate the assumption that you aren't as you say that you have full time care, perhaps you'd care to clarify this point).

Obviosuly if you are earning, then the cost of the child, according to the formula increases, when your income exceeds a taxable income of $18808, however in that case the expectation of the formula based system is that you contribute financially towards the support of the child so if this is the case, then although the cost of the child increases, the percentage of the income from the other parent is reduced, (basically your incomes are added together after the Self-Support amount is removed ($18808) and the other parent pays the percentage of the cost of the child according to the other parents contribution to the combined income (Combined Child Support Income).

We have calculators on this site, both are far easier to use than the CSA's estimator, the advanced calculator, which is the recommended one to use, can do all the calculations that the CSA's estimator cannot do, you may wish to utilise these.

As for asking for an increase, you would have to have a special reason for a departure from the formula based assessment, what is called a change of assessment. There are 10 reasons (extract from the CSA Guide) :-

The CSA Guide - 2.6.2 (extract) said
There are 10 reasons for a change of assessment (section 117(2)).

Reason 1. The costs of maintaining a child are significantly affected by high costs of enabling a parent to spend time with, or communicate with, the child.

Reason 2. The costs of maintaining a child are significantly affected by high costs associated with the child's special needs.

Reason 3. The costs of maintaining a child are significantly affected by high costs of caring for, educating or training the child in the way both parents intended.

Reason 4. The child support assessment is unfair because of the child's income, earning capacity, property or financial resources.

Reason 5. The child support assessment is unfair because the payer has paid or transferred money, goods or property to the child, the payee, or a third party for the benefit of the child.

Reason 6. The costs of maintaining a child are significantly affected by the high child care costs for the child (and the child is under 12 years of age).

Reason 7. The parent's necessary expenses significantly affect their capacity to support the child.

Reason 8. The child support assessment is unfair because of the income, earning capacity, property or financial resources of one or both parents.

Reason 9. The parent's capacity to support the child is significantly affected by:

    * their legal duty to maintain another child or person,
    * their necessary expenses in supporting another child or person they have a legal duty to maintain
    * their high costs of enabling them to spend time with, or communicate with, another child or person they have a legal duty to maintain.

Reason 10. The parents responsibility to maintain a resident child significantly reduces their capacity to support the child support child.

Prior to 1 July 2008, Reason 10 applied in cases where the child support assessment was unfair because the paying parent earned additional income for the benefit of a resident child.

If one of the reasons for a change of assessment is established, CSA must also consider whether changing the assessment would be 'just and equitable' and 'otherwise proper' (section 98C(1)).

It is likely that the reams of paper work that you have to complete is because the CSA are basically saying that you have to apply for a change of assessment and if successfull, then you may be able to have the other parent assessed for higher payments. From what I have seen and heard, the CS will go to fantastic lengths to increase the amounts transferred or collected, often completely ignoring the object of the Child Support Legislation to ensure that children receive a proper level of financial support from thier parents. The CSA very often, especially within the change of assessment team, appear to incorrectly interpret this object as "to ensure that children receive an improper and grossly inflated level of support from one parent only." As such you may well get a lot more than you should via the change of assessment process, so perhaps completing the reams of paperwork would be worthwhile.

Oh when I was a payer I applied to have my CS increased, as the other parent omitted a relevant dependant child, the CSA refused this request to ensure that the child got the proper level of financial support from the parents, they even refused to contact the other parent, which I believe then contravened other legislation that the CSA are bound by. So unfortunately, I can't say that I have successfully got an increase in the amount paid.

Last edit: by MikeT

shazcam - I would say that many people have done so and succeeded given the amount of information found online on how the process is unfair and often criminal!
1 guest and 0 members have just viewed this.

Recent Tweets