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Recourse for lying to CSA?

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Received new assessment in July saying that exs income was over $80,000 and giving me a CS amount. Since then, he has been lucky to pay half of the assessed amount. I received 3 new assessments today with each giving new amounts for different periods. I have been told that they are now using a estimate of $60000 after ex gave them new information so child support has gone down by over $50 a week. Ex has only given them income from one of his jobs though. He has a 2nd weekend job which he has not declared. Will there be any recourse for him when they discover his lie at the end of the financial year?

Also our son is currently being assessed by a paeditrician which costs $300 an appointment, waiting for the ENT specialist for adnoids and tonsils and will need grommits in the new year. Is there a certain amount DS has to reach for medical care before I can ask ex for help? The grommits need to be done asap as issue is affecting DSs development.
DSnME said
Also our son is currently being assessed by a paeditrician which costs $300 an appointment, waiting for the ENT specialist for adnoids and tonsils and will need grommits in the new year. Is there a certain amount DS has to reach for medical care before I can ask ex for help? The grommits need to be done asap as issue is affecting DSs development.
 
DSnME my only suggestion is that perhaps you go through the public system for your son if you can't afford the private medical.  The treatment itself would not be any different.  

"Never, "for the sake of peace and quiet," deny your own experience or convictions". Dag Hammarskjold
I needed help with my case and couldn't afford a lawyer and found these guys invaluable  srl-resources.org
even at $60,000, your cs would be reasonable, perhaps it is your lifestyle you worry about????? as for medicals, there is medicare and healthcare as said above. maybe if you discussed other means like clothing, private health cover etc, rather than just worry about how much money he pays YOU each month, and more about how he can be a participating parent
CrazyWorld said
DSnME said
Also our son is currently being assessed by a paeditrician which costs $300 an appointment, waiting for the ENT specialist for adnoids and tonsils and will need grommits in the new year. Is there a certain amount DS has to reach for medical care before I can ask ex for help? The grommits need to be done asap as issue is affecting DSs development.
 
DSnME my only suggestion is that perhaps you go through the public system for your son if you can't afford the private medical.  The treatment itself would not be any different.
 

Unfortunately the public wait for the treatment is over a year. My son has been waiting to get into the ENT since Feb this year. My son is 2 years old and is behind in speech and physical development. Waiting over a year for the grommits will just put him more behind. My mum will be helping me with the costs but she is retired with only investment returns for income. My sons constant problems with his tonsils and ear infections are currently making it impossible for me to work.
oscar66 said
even at $60,000, your cs would be reasonable, perhaps it is your lifestyle you worry about????? as for medicals, there is medicare and healthcare as said above. maybe if you discussed other means like clothing, private health cover etc, rather than just worry about how much money he pays YOU each month, and more about how he can be a participating parent
 

Lifestyle? What lifestyle? I am on roughly $650 a week with a child with additional medical needs, I pay a fair bit of my income in rent and am lucky to have $20 left after paying all bills so am unable to afford private health insurance. I dont drink, smoke or go out as I have a toddler 24/7 with very limited support. As far as I'm concerned, DS has a right to be supported by BOTH parents. I can assure you that a much greater percentage of my money goes on DS then my exs. The reason ex isnt much of a participating parent is due to violence towards both myself and DS. I refused to give him unsupervised visits for DSs safety and in return, he refuses to see DS often. I could have claimed a DV exemption from CS but why should DS miss out on things because his father is a d*ck?? Like I said in above post, public healthcare has a long wait list for treatment and while waiting DS is getting further and further behind.
Why don't you look at doing a COA to have the alleged 2nd job included and possibly the child's special needs?

Although private health insurance is not considered generally to be a 'necessary and reasonable expense', it is possible to have this included in your 'necessary expenses' list if you can show that you certainly use it for the child's welfare. Even if you have to go through the waiting periods for hospital and extras, you will certainly be in front. Another advantage of private health insurance is that you can get a rebate back for speech therapy which is around $70 - $90 a session.

Another option if you are not willing or able to pay private health insurance is to pay the medical expenses, and after your Medicare rebates, claim your medical expenses off your tax as a rebate (NB you must pay the first $2k before you get a 20% rebate on all out of packet expenses exceeding this). But timing is critical as it is for expenses incured in a financial year, whilst private health insurers pay out per calander year. The amount that you are still out of pocket can be used for your COA.

You will find that many paediatric ENT surgeons are now reluctant to do tonsilectomies and adenoidectomies on a child so young and prefer to take the wait and see approach until the child is older.
Thanks Valere. I will be looking at doing a COA. Ex has been very open about the fact that hes working a 2nd job on the weekend. He started in mid last year and told me about it and asked me not to tell CSA until at least Jan 2011. I did as he requested to give him time to pay some bills and never told csa about the 2nd job. He was only found out at tax time this year. I have never been greedy with asking for extra money for DS even when occasions arose when I could have. I have always said that CS is for the short term and once I am working full time, I will not be accepting it anymore.

I will be looking at my budget and seeing if we could afford private health cover. Even for a few years til we get thru these costs.
He was only found out at tax time this year.
When he does his tax next year, his income will be reconciled. He will then owe CS for the income from the second job. He should have a bill from this year too when his income was reconciled. In these circumstances if there is money owing CSA generally take any tax return a payer may be entitled too.
If he is earning income from a second job it would have been calculated at the end of June and ATO would have advised CSA as soon as the tax return was lodged this year.

In respect to additional medical care a Change of Assessment under:

Reason 2: The costs of maintaining a child are significantly affected by high costs associated with the child's special needs: (s117(2)(b)(ia)).

Reason 3: The costs of maintaining a child are significantly affected by high costs of caring for, educating or training the child in the way both parents intended: (s117(2)(b)(ii)).

Reason TWO

The typical application
 A payee parent applies saying their child has an ongoing medical condition or disability which requires more than usual financial support for a child that age.

 A payee parent applies saying their child is undergoing orthodontic treatment, including braces.

Other types of applications
 A payer parent applies under the same basis as above but they are meeting the costs alone.
 Applications in relation to tutoring or sporting, academic or musical talents.

Range of claims accepted
 Any special need as determined by the SCO, including medical, dental, psychological or educational needs.

Claims not generally accepted
 Discretionary, cosmetic or non essential treatments or programs

Evidence presented or required
 Evidence from a suitably qualified person attesting to need.
 Receipts, invoices, credit card or bank statements etc.
 In the absence of evidence from suitably qualified person, agreement from both parents as to child's need.

Only out of pocket costs incurred by a parent directly should be considered.

The other option is to discuss with the Payer parent to see what contribution to care can be worked out. Usually parents are fairly reasonable when it comes to health care issues. Standing over the payer with threats to have the CSA conduct a COA may not help much. Have you considered CSA collect where they deduct the amounts from his respective payroll officers. It sounds like you are in a private collect arrangement as you are not receiving the correct amounts each week/fortnight/month… Hopefully some negotiation may contribute to the care. I understood the public system was able to deal with all of these issues in a fairly timely manner… If he has been on the waiting list since Feb 11 then I would suggest he is not far away and some further discussions with yr Drs may put more effort into getting things done in a public hospital. Explore all options and it may be that something comes up.




Executive Secretary - Shared Parenting Council of Australia
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