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My son and his partner separated in May and they have an 18mth child.  She started a permanent job in April (4 days a week) and earns approx $640 a week.  She's applied for child support and he's required to pay her $300 a fortnight. She also receives a part parenting payment and FTB. 

My son works shift work and looks after his son approx 5 days a fortnight while she's at work, saving her about $185 a fortnight in childcare fees.  She currently lives with her parents and therefore has few bills to pay.  As evidence of income, she gave CSA her 08/09 tax return ($11000), however, this isn't a true reflection of her current income.   Isn't she supposed to declare her current income?  She's also considering dropping down to 2 days a week at work.  Does this then mean my son will be required to pay her more? 
Gran1956,
              when the other parent lodges her tax return then that will be considered as her declaring her income. If your son lodges his tax return then according to what the CSA did last year they should increase the other parents income by CPI (I think that's the value they use) until she does lodge a tax return. If your son believes that her financial situation is unfairly represented then he could consider a reason 8 change of assessment, but I'd suggest that the COA team would be very likely to find in her favour (i.e. the CSA reporting is basically what they can collect or transfer i.e. the CS paid, so they have a record of discriminating against the payer as recent court judgements clearly show).

If the other parent reduces their workload and thus income then again a reason 8 change of assessment should (see note above about the anti-payer attitude of the CSA which most especially applies to the change of assessment process often referred to outside of the CSA as "Deem and Destroy"), assuming there is not good reason for doing so, adjust her income accordingly as the legislation expects parents (plural i.e both), not the paying parent only as the CSA appear to misinterpret the legislation so very often, to provide the correct level of financial support.

I'd suggest having a good look through this forum to gain an understanding of the pitfalls of the change of assessment process and if necessary try to get the help of Fairgo and or Big Red who are the resident experts on tackling the CSA. I as I'm not a CSA client any longer and had little dealings with such things when I was am not so able to assist. I should also mention that LP (Liberi Primoris) is also pretty clued up with taking on the CSA. Others such as IsntLifeGand are also quite conversant with CS matters.
I think you should check the care percentages to make sure your son's assessment reflects the actual care time. This can now be done through Family Assistance Office so you don't have to negotiate with the C$A (Yippee!) They will allow you to calculate the care time using night, day or hours count as long as it reflects the actual care in the best way.

New laws have also come into effect that require tax returns to be lodged in order to continue receiving Family Assistance payments on a fortnightly basis so this should be of some help to you in the coming months.

The answer to your last question is Yes - that is why I suggest you get the care percentages right. The more care the less child support to pay.

If the FAO work out his percentage of care and his circumstances change in a few months, does he just apply for a re-assessment?  He's currently looking after his son approx 5 days a fortnight (7hrs a day), but is requesting 11 days a month to include 8 overnights.
Gran, yes he will have to put in a change of assessment when the care changes. Also, as I am sure you are aware, non-overnight care (ie care provided during the day only) does not count.
The answer is yes - stay away from C$A and let FAO work it out. They are a hell of a lot easier to deal with and will deal with C$A on your behalf.

I would suggest he try to get at least 35% care.
Guest said
Also, as I am sure you are aware, non-overnight care (ie care provided during the day only) does not count.

Guest, non-overnight can be taken into consideration, the legislation does allow it. i.e.

Section 48(2) of the child support assessment act 1989 said
Section 48 (2)   The percentage of care is to be worked out in accordance with this Subdivision.
Note:   Generally, a persons percentage of care for a child is worked out based on the number of nights that the child is likely to be in the care of the person during the care period.

Furthermore non-overnight care has been used by the FAO for some years and now the CSA care determination process has been aligned, as per the Spring 2009 amendments, with the FAO's process. That is why Fairgo suggests using the more likely to be fair FAO.
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