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Reinstating CSA Assessment

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Hi,

I'll try to make this as brief as possible and not too complicated -

After separation, I gave my ex 5 months before I applied for CSA benefits to get himself organised in a new place and he was also threatening to quit work so I'd get next to nothing if I made a claim and then he'd have a chance to get the kids 50/50. I was scared off at the thought of this and was quite confused as the relationship I'd escaped was an abusive one - in every sense.

So earlier this year, I asked CSA to begin collecting on my behalf and the ex asked that he make his own payments to CSA rather than third party deductions (which he has done for his other child from previous relationship), CSA accepted this and his assessment was made. At most he would pay 25% p/month of the assessed rate and the payments were so sporadic - $9 here, $21 this week, $0 this month etc. I was calling CSA all the time to find out if any money was due to be dispersed and was often told  "no" or "very little" and that they were looking into third party deductions. I explained that he already had money taken from his pay for his other child and CSA obviously couldn't re-conform this with me due to privacy but I just kept getting told "we're working on it".

I got so sick and tired of calling them and then my ex began saying things to my children about having no money and maybe no house soon and the children were getting so, so, so upset and worried for him. I explained "dad will be ok, that's not something you need to worry about" but it was always there in their little minds.

So, after much thought, I decided to ask that CSA end my application on the grounds that there is a DVO in place and Centrelink granted it and and gave me the 'ok' no I would have my FTB reduced or be penalised.

Now, since then, the ex hasn't made any offers of assistance financially at all but I have just found out that he is moving into a large house where his rent is doubled each week. Clearly he has money and is in a far better financial position.

My question is (finally-sorry) - Can I just get back in touch with CSA and Centrelink, explain the situation and ask for the assessment to be reinstated? Is it that easy?

Question 2 is - How would a FM look at a parent who doesn't willingly contribute financially toward their children. Would they be looked on less harshly now that I've ended the case than if I had I had just left it and had him not paying very much at all?

Thanks for any advice.

 Regards…..
There is nothing stopping either parent applying for administrative assessment. Here's the relevant part from the CSA guide:

The CSA Guide (extract): 2.10.2 Electing to end an assessment. said
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.
To assist you to look at what the CSA mindset should be - somewhere on this site I think there is reference to the (David) Richmond Report which was done to assist CSA develop strategies for issues such as non complience & quality assurance (I'll bite my tongue on that one!) etc. - maybe another member can find the topic thread reference…

Basically CSA is obliged to comply with Section 78(1) of the Child Support (Assessment) Act and Section 66(1) of the Child Support (Registration and Collection) Act where the payee MUST pay his/her required child support payments by the 7th of each month. Ring CSA and ask them why aren't they complying with the legislation, better still write to them and ask for a response in writing.

The monthly 3rd Wednesday CS dispersement to payees is not written into the legislation and only is there for CSA administrative purposes only, so if you ignore CSA policy (as they themselves often do), you are entitled to your money after the 7th.
Thanks MikeT & valere,

I got in touch with CSA yesterday and as MikeT had posted, I wasn't able to reverse the end of assessment but was able to apply again fairly simply as CSA already had the original documents and our circumstances hadn't changed. They also put me through to the FAO who were really helpful and actually said that they won't reduce my payments until CSA informs them that they have actually collected some money to be dispersed to me.

Thanks again.

 Regards…..
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