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How Do You Get Overpayments Back?

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CSA is taking an entire tax return on an outdated assessment.They corrected the assessment (& adjusted the support amount) however the payee will now,in a weeks time, be GROSSLY overpaid.
CSA is trying to get me to take a 'credit' which I do not want.
The other "option" is they say that they can get the Payee to return the money(which aint happening as itll be lost to the Pokey machine ).
How? There is no way the child's mother would voluntarily give back money & from what I have read here CSA does not take money from the Payee's account(like they do from the Payee)……..what options do I have?
Thanks in advance.
unfortunately I am in this position also and the short answer is you cant do anything at all except wear it.

If you were in a situation where you proved you were not the father you would have the option of suing the biological father for the monies.

Unfortunately Payees are not under any circumstances punished for lying and CSA officers are rewarded for taking money from payer's regardless if it is lawful or not.

A case officer once told me csa would get the money back from the payee whilst encouraging me to take out a loan for accrued debt whilst there was a dispute over a private agreement.

Lies, and all I got was sorry that CSO has been seconded to another dept

I wont be paying child support for a few years  basically but how does this assist me when I am about to file for bankruptcy as I dont have funds to pay debts which the overpayments taken from  tax returns and garnished from my pay despite my advising it is a condition of my employment that there be no garnishing of pays and my entering into an agreement with said cso to pay arrears

so in short I am screwed as CSA will not accept responsibility for anything and they hide behind the act which has no provision to take back overpayments and the good old" it is for the kids benefit" line.

I would actually love to know how many claims for compensation CSA has Payed  voluntarily and also how many times they have been forced to compensate by courts and if they have been did they compensate in a reasonable timeframe.  getting compensation  5 or 10 yrs after making a claim does not assist anyone in staving off bankruptcy does it

You can fool some of the people some of the time but you cant fool all of the people all of  the time unless they work for CSA and youre a Payee:)
                  I very much doubt that the CSA would willingly correct their error. However I would suggest that you object to their decisions and that you also make a complaint about the decision and the refusal to immediately refund the money.

The CSA does have unclaimed money in an account, and could easily afford to refund the money.

I would also suggest that you also complain to your Federal MP and also to the Ombudsman.

You could also try to claim compensation. You may wish to have a look at the CSA Guide section 6.11.1. Here's a link The CSa Guide - Section 6.11.1

I still doubt that they will correct their error though and directly refund the money. However, there will be a record of their incompetence and their inability to act according to the very object of the legislation as set out in section 4 of the child support assessment act.
I agree with Mike T - lodge an objection and an official complaint

Do the complaint in writing and demand all responses in writing so that you can send the whole file to the Ombudsman and your Federal MP

I would also suggest that if you are going to ring them, write yourself a script of what you are going to ask and take the time to write down their responses.
Get a receipt number for all phone calls
If they ask you for decisions or information on the phone, don't answer except to ask them to put their question to you in writing…
This might be some assistance:

The Legal Practitioner's Guide

7.2 Suggested draft terms

7.2.1 Stay order pending an objection, SSAT review, court proceedings or Part 6A (arrears amount)
There may be times when you wish to stay CSA's collection of arrears but not the current liability.

That pursuant to section 111C of the Child Support (Registration and Collection) Act 1988 the collection of child support arrears accumulated up to and including [today's date] payable by [payer's name] to [payee's name] for [child's name] be stayed pending determination of the application made by [applicant's name] on [application date].
That [payer's name] continue to make payments of [$x per week, fortnight, month, etc] in accordance with the current child support assessment. The amount payable is to be varied in accordance with any later assessments made for any period after [today's date].
7.2.2 Paying a different amount pending proceedings
An applicant may wish to seek an order which stays the current assessment save and except for an amount that will be payable pending finalisation of the substantive matter:

That pursuant to section 111C of the Child Support (Registration and Collection) Act 1988 the operation of all child support assessments payable by [payer's name] to [payee's name] for [child's name] be stayed pending determination of the application made by [applicant's name] on [application date].
Whilst the assessments are stayed and from [today's date], [payer's name] shall make payments of child support to [payee's name] of [$x per week, fortnight, month, etc].
7.2.3 Stay order pending objection and a review by the SSAT
The parties may apply for a stay order whilst an application for a change of assessment under Part 6A of the Assessment Act proceeds. If the parties also intend for the stay order to remain in force pending the completion of a subsequent objection and SSAT review, this should be specified in the order.

Suggested additional draft terms:

Such stay shall remain in force pending finalisation of an objection and SSAT review to the Part 6A determination.

7.2.4 No payments pending proceedings
That pursuant to section 111C of the Child Support (Registration and Collection) Act 1988 the collection of child support payable (current liability and arrears) by [payer's name] to [payee's name] for [child's name] be stayed pending determination of the application made by [applicant's name] on [application date].
7.2.5 Tips and problems
There must be proceedings on foot
In order to apply for a stay order under section 111C of the Registration and Collection Act there must be a proceeding on foot, such proceeding being either an objection, a change of assessment application (Part 6A), an application for review in the SSAT or a court proceeding in a court having jurisdiction under the Registration and Collection Act or the Assessment Act. Proceedings are not limited to proceedings under the Registration and Collection Act. There simply needs to be proceedings instituted in a court that has jurisdiction under the Registration and Collection Act, rather than proceedings instituted under the Registration and Collection Act (section 111C(1)(a)). This means that Family Law proceedings in the Federal Magistrates Court or the Family Court could enable an application for a stay order to be made. However this would only be appropriate where it was considered that the court proceedings had relevance to the payment of child support. For example, where an adjustment of equity is being sought in a property settlement proceeding in favour of a child support customer.

How long does a stay order remain in force?
Unless it states otherwise, a stay order under section 111C of the Registration and Collection Act operates until the decision of the court determining the proceedings becomes final, or CSA has finalised the objection, or the SSAT has finalised its proceedings (section 111C(5)(b)). Under section 110W(1) an SSAT decision is finalised at the end of the period within which an appeal can be made to a court and an application has not been made within that period. Under section 110W(2) and section 110W(3) a decision of a court becomes final at the end of the period within which an appeal can be made to a higher court and an application has not been made within that period.

CSA should be served
Generally CSA need not be a party to an application for a stay order but must be served with a copy of the application (Federal Magistrates Court Rules, Rule 25A.07) and (Family Law Rules 2004, Rule 4.23).
Thanks for advice….to complicate matters I am out of the country so Im not sure about the Omsbudsman?
I spent all morning on phone with CSA and feel I should probably outline the situation better in brief:

I had a private ,payment arrangement with child's mother.
She & I were a casual r/ship,never lived together & at time of conception she knew I was due to leave Oz & return to my home Country as my earning capacity had been greatly diminished(I was made redundant at job & had surgery & I am considered by the Military to now be partially disabled).
I provided nearly 100% of things needed for the baby(cot,clothes,cash etc)during pregnancy.I also helped move & furnish house for Mother(who was difficult & treated me like a walking cash machine but I digress).
She had baby & I started paying per our private arrangement.The arrangement was made on the previous year's tax return (2006-2007)as I was ignorant of how this all worked(I have no other children & have never been on any type benefit so I was clueless of the system & since the Mother is known to CSA,she has an older child from a different Father I trusted her judgment).
At the time the amount  was fair & do-able for me.

DNA was done & I was added to birth cert.CSA notified that I was Father ,we had a private arrangement & I was leaving the Country(this was about 3 months after birth).
I was confident I could leave & well afford to continue to pay our agreed upon amount.
Although the Mother made relations quite difficult(I saw the child a bare minimum of times & under The Mothers 'rules) Upon leaving I paid on time as well as sent clothing & gifts.
I even paid extra to the Mother when asked(despite my mis-givings about what true use of the money was for).
Things in my home country were not working out.My expenses were higher and my pay (per a contract)was lower & my physical condition was deteriorating (the surgery I had had didn't work as planned).
The Mother was notified that I was struggling financially & instead of trying to work with me she increased her demands(she made it clear she was still on 'maternity leave' & was not keen to work…at all..again).
My contract was not to be renewed & I found myself jobless,in debt & physically poorly.
I have family as well as a partner in another country who offered me help & shelter so I took them up on it.
The Mother was notified payments would stop.She notified she would go to CSA & did so.Mother then cut off all contact with me(due to my disclosing the new partner).
The situation was in limbo until recently as I was physically/mentally/emotionally unable to deal with it & have had no funds.I have no medical cover & need treatment for my disablement  & need to return to Oz as I am covered ,through Military,there .

I filed my 08\09 late tax return to gather desperately needed funds.I knew CSA would get their hands on some of right as I had been assessed arrears based upon the 07/08 return. Contacted CSA & was told due to that late 2008/2009 return my assessment was greatly reduced as of 1 August 2010 (date that return was submitted per ATO)as they now had proof that my income was greatly lowered that tax year HOWEVER they were/are still going to pay out in ,a lump sum,the entire (incorrect)arrears amount to the Mother! They gave me the forms/information for the backdating process however they refuse to stop/freeze/hold that lump sum payment until the investigation is over! They are going to pay her out then/if my backdating is granted they will put me in 'credit' for payments(the amount of money we are talking about will put me 'in credit' for the next 2 years!!!!!).
The Mother has NEVER had such a huge amount of money in her hands at one time & the thought of her(basically)receiving 2 + years worth of child support in one go terrifies me as it will be gone within weeks leaving nothing for those years I'm 'in credit' & as of now(& foreseeable future)I cant pay her any 'extras'(I am trying to get disability as well as a super payment to pay for my treatment).
I have no problem paying support.It tears me up I have not been able to.I want to pay but I want it to be fair(the Mother is far better off than I financially).

CSA admits the original assessment was incorrect & has adjusted it but I need them to backdate!
By their own admission the Mother was overpaid since the birth! I am only asking to backdate from November 2009(well within their 18 month window)
What can I do? If they do backdate the money will be long gone(& its laughable they suggested the Mother would repay me)& I guess I just have to take the credit? If they dont backdate she got the tax refund overpayment free & clear .

As I said I'm out of Country so it's complicating things(the one CSA rep had the cheek to ask why I file Aus taxes if I'm out of Country…..although they themselves stated separately that I have to maintain my residency due to my financial obligation to my child in the country!).

CSA was alternately helpful & rude.One of the Reps was nearly in tears with anger that Id dare ask for the overpayment back.There was also a general air of annoyance that I would dare file a tax return that had a lower income & it seemed they took it personally that Im assessed at a lower rate!
They also do not care that the  Mother is withholding contact with the child (she wont even send a picture!)as well as all communication with me & she has moved to an undisclosed location.
CSA will ,however,disclose all of MY information to her.
Hi FunkyGibbon, If the payment has not been made I would be going to the supervisor of the person you was speaking to and keep going until something was done.  How can they pay someone knowing that it would cause an overpayment, that is shear incompetence
IsntLifeGrand said
Hi FunkyGibbon, If the payment has not been made I would be going to the supervisor of the person you was speaking to and keep going until something was done.  How can they pay someone knowing that it would cause an overpayment, that is shear incompetence
  Incompetence is clearly CSA's stock in trade.

CSA said they have an arrears based on an incorrect ,old assessment.  They have taken my tax return based on that incorrect arrears & will give it in one lump sum to the Mother. They have however ,the dears,adjusted your assessment and starting 1 August 2010 (the date ATO accepted my return)I will be assessed at the new rate. I can either 'gift' this overpayment to the Mother or I may apply for back dating and if the back date is accepted then be in credit for the next TWO years and not have to pay support until that time is up or I am reassessed.

I stated I did NOT want a credit & instead would rather have the overpayment amount back for the #1 reason is the Mother cannot handle that much money in one go & it will be gone within weeks thanks to her own bad habits & her vampire Mum.
More than one CSA Rep said that's "impossible"(& implied it's my own fault as I was in arrears) & I could gift,take a credit or try on my own to get the Mother to repay me.
I applied for the credit.
Hopefully I get it as that's the best scenario I suppose although in the end it's only going to hurt the child as there will be no support directly paid for the next 2 years & the lump sum will be long gone (when we were private I tried,for convenience ,due to being out of the country,to pay her a few weeks at a time & it was a failure as she couldnt manage the money all in one go).

I cannot really pay any extra & if I do I'm sure CSA will take it as I'm flush with money & reassess me at an incorrect higher rate AGAIN.
Oh & the Mother can parade around for two years telling everyone I dont pay support (as the lump will be long forgotten)as 'being in credit' will account for nothing. I will also still have no contact with my child.
The Mother will have all of my details however.

CSA wins again while everybody loses.Yay!
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