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Private arangement and COA

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Private Arrangements and COA

Hi I am having to go through a COA and I am wondering fisrt what is a private arrangement for the 3.5 years I have been paying the money dirrectly into my ex bank account the amount that was stated on the Csa letter.

Is this a private arrangement for now it has been changed to I pay straight to CSA for an account I recieve each month and how far can they go back in my case ? She asked since seperation march 2008.
Another question my new job I can salary sacrifice a car (lease in my name) and also the Rent on my house  ( lease in my works Name) I have to CSA about these conditions and they have to me thats fine but now I believe from doing some reading that all this will get added back on.
My ex is not to nice and even had spousal Maintence on me for over 18 months but that was better she wanted 10yrs at $1000 per month but she keeps coming back and enough is never enough for her.
Also I had a termination Payout in dec 2010 which at the time of property settlement her lawyer stated they would not touch this now she seem to have changed my mind and whats CSA to go after this also.
All my time paying child support I have never missed any payments.
Also my 18 year old son ( did live with me until jan 2012) whom turned in july 2011 and his CSA finished failed year 12 too lazy too many games who stole a ar from me and money approx $ 12000 police will do nothing cause I let him drive it.
He is living with his Grandparents not Mum I have been told by CSA they are putting him back on CSA so I have to pay for him also Can anyone tell when will not have to pay for him.
I have to 100% childsupport due 3 years ago My EX left work and decided to study to become a teacher and in this last Letter oh its going to take another 4 years to complete.
Any Advice would be great
Sorry to hear of your troubles mate. The CSA can only go back 18 months, so that would be September 2010. If you've been paying based on the assessment they shouldn't go back at all.

The salary sacrifice and lease arrangement will probably bite you though I could be wrong. Someone with more recent experience can probably give you better advice.

If your termination payment was part of your taxable income it should have already been included in the administrative assessment. If it was an ETP it might include an untaxed pre-1983 portion which they might have some access to.

Why are you paying for your 18 year old son? Is he studying full-time?

Your ex sounds a lot like mine. She suddenly discovered a burning ambition to be a social worker after we divorced and took every bit of time available to complete the course, maximising her education supplement and minimising her income. She also got herself into Housing commission accommodation which she still lives in some 12 years down the track despite now having an income of about $80k. She also had a coupleof goes at COAs and lots of goes through the Court (legal aid-funded, of course) to reduce my care of the kid to maximise her CS.

Some people are just sponges, unfortunately.
What you are describing is private collect and not a private arrangement. When the payee asks C$A to collect, C$A can only go back 3 months in collection.

Your C$A assessment is worked out on your adjusted taxable income. Only salary sacrifice to super is added back. However if your ex has initiated a COA claiming their living standard is lower than yours, then C$A will look at perks such as other salary sacrifice benefits and also add them back so the adjusted taxable income figure is higher. Best you don't tell C$A about these things.

Are you paying spousal maintenance or not?

If the termination payment forms part of taxable income then it will be automatically included in any C$A assessment. As the lawyer was aware of the payment around the time of settlement the ex cannot claim you didn't disclose it so I doubt she can reopen the settlement.

If you were paying or receiving child support for your 18 year old, it would have ceased when he finished school last year so you should not have to pay anything now.
Are the grandparents applying for child support? What is you son doing now? If he not repeating last year of schooling then you should not have to pay any further child support.
Thanks for all that have replied.

I no longer pay for spousal maintenance that finished some time ago when property settlement finished.

My 18 year old son has told his mother all about my work salary sacrifice conditions and they are also on my pay slip which I will have to send to CSA.

My termination payment was not included in property settlement for I was advised by her Lawyer that if I accepect all of her conditions which I did. But now she wants to get she can now due to I told csa about this payment I was told by them this is okay you can tell after you have your done your tax that your income is not normaly that high which I did.So to this point I did not have to pay childsupport on the full amount.I was told by phone that my 18 old son was to be put back by my case officer but now have be told by another COA person he will not be so a bit confused and it was his mother whom has applied not the grandparents.He is returning back to high school to do 2 subjects that he failed last year.
Turning 18 is generally a terminating event with respect to CSA. I was under the impression that, to apply for adult child maintenance (ACM), it had to be done before the child turned 18, essentially as the child would in theory have been "continuing" with his education.

If he has yet to return to school, that would seem to indicate that he has had a break from education. And also, if he is only going to do two subjects, surely he would not be a full time student.

I would have also thought that the grandparents would be the ones that would be required to apply for the child support. Is the mother paying them money to have him live with them?
Yes Boots it has to be applied before they turn 18. In any case the mother can't apply as the son is not living with her.

Danger are there other children in the care of the ex that you pay child support for?
Hi yes I have 3 other children that I have to pay for with the youngest being 11 soon so a few years to go and all 3 live with their mother.



My 18 year old son was living with me when he turned 18 and I applied for the extension not his mother this finished on nov 18 2011.

He has returned back to school where his mother lives for after our disagrement he return when I was at work and now has helped his mother in forcing this COA on myself.
They can only continue an assessment for a child over 18 for the school year in which they turn 18.  

e.g.  The child turned 18 in 2011 and were doing Year 12, so the CS would only be payable until the last day of the school year.

The child turned 18 in 2011 and was only doing Year 11, so the CS would only be payable until the end of the school year for 2011, no CS would be payable in 2012.

As stated before the mother cannot apply for child support for him as he is not living with her. Why don't you do a deal with your son direct where you pay him an allowance.
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