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I am having discussions with my ex-wife in relation to ending child support collection and entering into our own agreement.

How do we go about terminating the current arrangement through C$A ?

From what I have seen there is a form you fill out but it appears you have to attach your agreement to that form. The circumstances are that what we will agree to will be considerably less than what C$A currently collects. This is due to her acknowledging that three out of four are not mine biologically. So without the need of disrupting the childrens current care arrangements and without the need of going to court it would be preferable to keep C$A out of what we agree too.

Is there another way of mutually terminating the current arrangement without the need to show C$A what we have agreed too ?
Oz_mick,
            all that is required is for both parents to agree over the phone. There is no need to fill out a form. Basically the recipient simply has to say they are electing to end CS assessment. However, this would affect FTB payments, if there are any.

Here's what the CSA Guide, section 2.10.2 says:


CSa guide - 2.10.2: Electing to end an assessment said
2.10.2: Electing to end an assessment

Version 2.1, Last updated 28 November 2008 5:00pm

Context

A carer entitled to receive child support is able to end an assessment for a child by electing to end the liability from a specified date. However, Centrelink must approve the election if the carer is entitled to receive Family Tax Benefit, Part A, at more than the base rate.

Legislative references

Sections 29B(1), 151 and 151A Child Support (Assessment) Act 1989

Explanation

A carer can elect to end an assessment for a child from a specified date (section 151).

If the carer is entitled to receive FTB Part A at more than the base rate, the election has no effect until it is approved by the Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) (section 151(4)). The Secretary has delegated the power to approve elections to officers in Centrelink. CSA must advise Centrelink of the carer's election as soon as it is practicable (section 151A(1)).

Centrelink has to decide whether, if the carer's election is accepted, the carer will have taken 'reasonable action to obtain maintenance' for the child (section 151A(2)). If Centrelink decides that the carer has taken reasonable steps to obtain maintenance for the child, then the election is approved (section 151A(3)). Otherwise, the election is not approved (section 151A(4)).

Centrelink must advise CSA of its decision (section 151A(5)). If Centrelink decides not to approve the election it must advise the carer in writing (section 151A(6)). The parent paying child support and the carer can both seek a review by Centrelink of its decision to refuse to approve an election to end an assessment. CSA will refer customers dissatisfied with Centrelink's decision to Centrelink to pursue their review rights.

If the assessment was made after an application from an overseas authority on behalf of the carer entitled to child support (section 29B(1)(b)) the election to end has no effect until the overseas authority approves the election (section 151(5)).

If the carer is entitled to receive FTB Part A at more than the base rate, CSA is only authorised to end the assessment without Centrelink approval if there has been a terminating event which means that the assessment must end (section 12). An election to end an assessment for a child under section 151 is a 'terminating event'.

A carer can elect to end an assessment from a date in the past (subject to Centrelink approval, when required) as long as the parent was the payee in the case for this period. This will alter the liability to pay child support and may result in the reduction of any unpaid amounts of child support. It should be noted however that when an assessment is ended on a certain date any assessments for periods before that date remain in force. If CSA amends the assessment(s) that apply to any of the days before the date the carer specified, this may result in an overpayment or underpayment of child support.

A carer cannot reverse their election to end an assessment. However, either parent or any eligible carer is entitled to make a new application for an assessment.
Thanks Mike T for your response again.  Sadly at the 11th hour she changed her mind. I guess her BF decided that his alcohol and gambling addictions would suffer as a result of this agreement.

I give up
Hey Mick, just a thought. Were any of these discussions in writing or was it all verbal? If in writing, then maybe you can do something with that.

If not, then maybe you should consider getting some DNA tests done. You will probably need them to be court ordered, but if she is up to child number 8 or 9 now, what have you got to lose. Yes I know you love those kids like they are your own, as essentially you have been their father. But if she keeps in your face about the children not being yours, then maybe it is time to call her bluff, and say to her, well prove it then. Just a tought. Good luck mate.
Unfortunately it was all verbal.

I really just do no know what to do anymore. A real moral dilema.

Three out of four kids who for the last 16 years I have loved and cherished and treated as my own kids, to find out that they are not yours. To have been through financial settlement where she got the bigger slice of the pie based on the four kids. TO have C$A constantly reaching into my pay taking what I earn and passing it to someone who is nothing but a liar. A lie that could have been found out 16 years ago through DNA testing.

The picture I keep getting is that I cannot win against a system that does not give two hoots about my life other than my abilty to reduce expenses to the taxpayer and that my friends is what it boils down too.

 So I give up, I cannot win, I cannot afford to go to court to fight something I cannot win. I cannot get ahead in life, I cannot even afford to have a relationship.

So thank you C$A for being the most ruthless, uncaring, biased, legalised theiving organisation on the planet.

And its going to get alot worse when her ninth child pops out into the world
You do not need to pay for children that are not yours and the legislation has been improved to allow you to recover funds. It is vastly improved since the Liam McGill case.

In your case if you have on going child support the amount can be partly offset for future contributions. Have you discussed this matter with anyone at the CSA? In relation to property settlement some time ago based on children that were not yours is an issue for the Federal Magistrates. I would be interested to see what the SRL's think about that and will make some enquiries.

Executive Secretary - Shared Parenting Council of Australia
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I have 50-50 care of the kids, I want to stop paying her money but do not want to lose the kids. After all these years the emotional trauma to myself of suddenly not having them in my life anymore would be devastating. Right now they are the only family I have.

Apart from what she told me there has been no DNA testing done. I do not have the money to pay for DNA testing.

If it came just down to the dollars it would be an easy decision but its more than that.

If the whole rotten system of Family Courts, C$A, cash grabbing solicitors was implemented in a way that was not just about saving tax dollars and was more about families then I would not be where I am now.

I am in such a turmoil I do not know what to do, so giving up trying to think about it and just trying to keep plodding on because everything just seems to lead to dead ends
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