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Private school fees and Prescribed no agency payments

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My daughter is currently in grade 10 at a private girls high school. Me and ex separated back in 2005 when she was in Grade 3 at a private primary school. I paid all primary school fees whilst the ex provided me with an extra $100.00 a month to help cover these costs. When the time came for her to go to high school (grade 8) I advised I could not continue contributing to private school fees and if he wished for her to attend the neighboring private high school then he was to pay all fees on top of his child support and I would cover all other costs including book levies, uniforms and extra curricular activities which he agreed to verbally.

Ex subsequently signed enrollment form and signed intention to pay school fees form at the private high school. When I went to lodge enrollment form and school fees form at school they would not accept application with my name on it and subsequently I had to sign.

He then made direct debit repayments to the school for school fees on top of his child support payments. All statements for fees where sent to his address and I had nothing to do with financials.

Just this year ex contacted csa and lodged a prescribed non-agency payment for the school fees he had paid over past 2 years. (Fortunately CSA advised me they can only take it back 18 months) and this incured me a debt with them for $9500.00 which in turn makes my payments now reduce by 30% until backpayed. Ex is still continuing though to pay school fees even though I have advised him to stop as It was never my intention that school fees be paid in Leiu of child support and if this were the case I would have been more than happy for her to attend a public high school when she started grade 8.

I am in the process of appealing the CSA decision and any help would be appreciated as CSA advised I wouldn't win appeal as they don't care if it was mutual intent and that he has the proof the say he paid. They will not even take in consideration that he is contiuing to pay and will not force him to lodge a change of assessment. Overall problem is if he continues paying nothing is stopping him from doing this all over again once other debt is repaid.

Been hit with a Bill from CSA for $9500 in regards to Prescribed non agency that my ex paid for school fees.  I am sure at the time CSA told me although school fees had been paid for 2 and a half years they could only backdate it for 18 month.  Cannot seem to find anywhere if this is true and dont want to ring them again as I am disputing decision.  Does anyone know the time frame.  Alse he was in arrears prior to this being approved and it seems that they have taken the arrears off the prescribed no agency payment.  Is this also acceptable

Last edit: by MikeT

it seems you are both confusing the prescribed non agency payment with the CoA process

PNAPs allow a paying to have certain payment, one of which is school fees, credited toward child support so long as they continue to pay 70% of each months liability. if, as u say, he has stopped paying, he will not get the 30% benefit, which is in your favour.. CoA limits the backdating of a CoA decsion to 18 months without court action to say thi may be extended up to 7 yrs…

i would suggest to familiarize yourself with COA Section 98, with the reasons under Section 117 of the Assessment Act, & also with the PANP laws, under Section 71 of the R & C Act.

If you gain a rough understanding of these, it may assist in the future.. from reading your threads, i thin kyoy are merging the 2 sections together..

Good Luck….
He is acting within their guidelines. You may need to consider changing the childs schools to one you can afford.

CSA will use any funds available to clear arrears or debts.

If you have to make any future arrangements, you should consider getting them on paper so they become binding.

CSA will only backdate this stuff 18mths, but this can be increased with a court order to backdate further.

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