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After never getting CS for 3 kids, I now have to PAY for 50/50 for eldest child

How is it possble that I have had to fully financially support 3 kids (ex reduced Cs to Nil) for the last 5 years, and now that we've just changed to 50/50 for 1 child, I now have to pay!   I still have to fully support the other two in my care.  I can't believe this!

Is there anything I can do?  My job hours have increased, so I will probably have to pay more - so do I give up my job? I wouldn't mind paying if it was the real deal, but considering the ex went to extreme's (through bitterness) to make sure I got Nil, I feel really cheated with this system.

Any advice would be greatly appreciated.
I had exactly the same thing happen to me.

I have raised my 3 kids for 7 years, one went and lived with his Dad and I pay him after getting $20.00 a month from him. I pay him $500.00 a month with still two kids in my care.

Is there anyway you can do a Change of assessment on his capacity to Earn.

Why is he not working?
Freyja,

The reason that you are paying is because of the differential between your taxable incomes. That is that it would appear from the information that you have provided that your income is greater than your ex's and perhaps quite significantly so, very much depending upon whether or not the ex is the parent of the other children.

If the ex is their parent then consideration for these children would be given in the formula. For example assuming the ex has a taxable income of $20,000, the ex would be paying CS until your earnings reached approximately $27,000 (earning about 33% more). This includes the fact that calculations include consideration that the father should pay for the other two children which is offset against the final payment. (if the ex's ATI was $30,000, he would pay CS until your earned $76,963).

If the ex is not the parent of the other two and assuming that the ex earns $20,000 he would pay CS up until you earned approximately $20,560 (he would pay because you would get a reduction in consideration of the having to support the two children, this being the Relevant Dependant Child Amount. (if ex's ATI is $30,000 then he'd pay until you earned $32,720).

Extreme measures to avoid CSA payments

Freyja said
How is it possble that I have had to fully financially support 3 kids (ex reduced Cs to Nil) for the last 5 years, and now that we've just changed to 50/50 for 1 child, I now have to pay! I still have to fully support the other two in my care. I can't believe this!

Is there anything I can do? My job hours have increased, so I will probably have to pay more - so do I give up my job? I wouldn't mind paying if it was the real deal, but considering the ex went to extreme's (through bitterness) to make sure I got Nil, I feel really cheated with this system.

Any advice would be greatly appreciated.
What extreme measures did he take? Did the CSA look at his actions for you?

Monti

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. 

Help - what can I do?

 Thank you for all your replies.

He reduced his income to nil due to his large credit card debts.  He is the father of all the children, however has never believed he should pay child support if I have substantial custody (70%). He left his job, became 'disabled' and was awarded by CSA with $Nil to pay.   I didn't have the emotional energy again to fill out all the documentation AGAIN to fight it just to get the same result.

Last edit: by Freyja

Did not pay

Freyja said
Thank you for all your replies.

He reduced his income to nil due to his large credit card debts. He is the father of all the children, however has never believed he should pay child support if I have substantial custody (70%). He left his job, became 'disabled' and was awarded by CSA with $Nil to pay. I didn't have the emotional energy again to fill out all the documentation AGAIN to fight it just to get the same result.
I detect that you think the disability and the fact that he left his job as a 'put on' by him. If there is a medical reason for this and it is documented by medical personnel, then it will be accepted by the CSA.

How did his credit card debt reduce his income to nil? CSA payments are taken from gross pay not net. He would be paying his credit cards from net pay.

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. 

Hi Frejya, I did do a change of assessment as I just could not sit back and let him lie. CSA did make it more fairer but he has taken it further to the SSAT to which I am waiting a reply.

I know fighting all the time is a pain but think of the other kids in your care. Once I had given the ex that amount of money we would have been struggling to feed the other two yet alone cloth them.

Work it all out and do what is best for you and the kids in your care, sometimes the stress is not worth it as you say. How old is the child who will be living with his Dad?
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