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parental care dispute case

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parental care dispute case and Compensation for detriment caused by defective administration.

Late last year I found out that my ex. had started full time work and left parenting responsibility of our daughter to her mum. I pick up my daughter every weekend from the grand mothers house and have done so for quite a while. My ex. still receives part payment from centrelink and child support from me.

In December of 2010 I called CSA to advise parenting responsibility had been taken over by the grandmother and if child support could be paid to the grandmother. No response, they were not helpful at all.

I called CSA another 2 times for information and finally reported a fraud with centrelink.

January 3rd of 2011, I called CSA again, told them I had reported a fraud with centrelink. They finally opened a dispute case. They told me they would contact my ex. and may need stat. Declarations off me in the future.

Late January I received a call from CSA, they told me my ex. denied what I reported and that she still lived with our daughter.  They also informed me that stat declarations would not be necessary and if possible send or email  statements from 3rd party members (eg. My dad/mum) the CSA worker also told me that the 3rd party information is normally less important than the mothers, so you probably wont have a good outcome.

I am currently getting 3rd party statements emailed to CSA, even though I know they wont do anything.

I want to know if theres anything I can do to make CSA look into this matter more and if I should apply for Compensation for detriment caused by defective administration. Also do I contact my ombudsman to apply for this? And should I wait for a decision to this case before I apply?
Not to be rude guest and although it may be upsetting just because a parent starts part or full time work it does not mean that CSA payments go to the daytime carer of the child.

Parental responsibility has not been taken over by the Grandmother she is simply supporting her daughter and Grandchild to the best of her ability which is nothing unusual in families that see both parents working, if that support is available.

I understand that defrauding the government by claiming benefits you are not entitled to should be reported and people held accountable for this fraud.

I understand that CSA take into consideration the earnings of the parties involved and their partners and this may adjust the formula determining CSA payments.

The government promote mothers entering into the workforce when their children reach a certain age and may request a certain amount of hours are worked each week to maintain the payment of benefits.

I am not really sure what you are trying to accomplish or who feel is at fault but by the sounds of things the CSA have little if anything to answer for.

By the sounds of things your daughters mother is working part time or full time then coming home to care for your daughter, therefore no change in care arrangements other than she is now working, she still has the same parental responsibility unless your daughter is 24/7 with Gran.
with regard to CS, whether the other parent or another non-parent carer has the care would make no difference in regard to the amount of CS paid by yourself that is unless the non-parent carer had less than 35% care in which case they would not be able to claim CS. Also, in theory and again if the non-parent carer's level of care were below 35%, the other parent's level of care should be reduced accordingly, which could affect the CS paid. This would if the other parent's cost percentage plus the other parent's income percentage was less than 100% or as shown.

As an example say that you earn $50,000 and the other parent earns $45,000 and you have regular care (52 nights = 14% = 24% cost percentage) and the other parent is claiming all the care (313 nights = 86% = 76% cost percentage).

The CS you would pay would be $2663 pa for 2011.

Now say that the non-parent carer has 250 nights care = 69% care and the other parent then has 63 nights = 17% then you would still pay $2663.However, the other parent should also pay $1855 pa in CS to the non-parent carer (plus in this situation the other parent should not be claiming any FTB as this would all go to the non-parent carer).

Should the non-parent carer's level of care drop to below 35% then with the incomes as above then the other parent ends up with no liability and your liability would remain at $2663. Although if your level of care increases with a corresponding drop in the other parent's level of care with the non parent carer's level of care at 34% then at some stage there ends up being no CS liability . For example, if you had 104 nights care the other parent 134 nights care and the non-parent carer 127 nights then there are no CS liabilities (again for the same amounts above, (that is according to the calculator. However, there may be a bug with the calculator and that the $2663 liability should be offset by the other parent's liability of $1594 reducing your liability from $2663 to $1069).

You can use the advanced calculator (a link to the calculators is available from the home page) to run through your scenario to check your own actual figures (I don't believe the CSA's estimator can cater for calculations that involve non-parent carers).
Regardless of what Centrelink do you will probably need to gather evidence of her work and income and apply to C$A for a Change of Assessment - reason 8.

She has an obligation to inform C$A if there is a change in her income so they can assess child support at the correct rate and it will make a difference to what you pay if her child support income comes in above the self support amount of approx 19k.

The CDDA scheme can be applied for through the C$A only if you have been through the appeals process ie:Objection of a decision, SSAT decision, AAT or court decision, that has shown that C$A were wrong and your claim consists of incurred expenses or losses in dealing with the appeals.
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