Donate Child Support Calculator
Skip navigation

Should CSA investigate

Add Topic
Hi hoping someone can shed some light on this for me.

My ex partner has not paid a cent in child support to me for the past 15-18 months now.

He works as a Director for a Recruitment Company and everytime he estimates his income, it is less than 10k (which does not sound right for his job role by any means!).

Friends have told me that they think the reason he is getting away with not paying a cent and providing this ridiculous estimate is because he works for a\ South Australian company that finds employment for Indian recruits (so he is often flying to India for work commitements), so they think he is dodging the system somehow by going through indian tax channels when it comes to his income, making it look like he is earning less??

I have mentioned this to CSA a few times and they have advised me that this is illegal but would be too difficult to investigate and proove, so have always managed to talk me out of getting this investigated.

Does anyone know if this is true and/or whether or not I should get this investigated? It is really starting to frustrate me!

Thanks heaps.
The CSA are not legally obliged to investigate such matters. However, if claims for a taxable income that are less than the normal maximum rate of parenting payment single ($15,909) then the minimum rate would apply. The minimum rate of CS would not apply if it can be shown that the low taxable income is genuine or if the level of care is regular care (14%) or more. As you say that the CS paid is nothing then one of the exclusions would apply.

As for the legality of being paid from India this would be a matter for taxation legislation rather than CS legislation. However, as tax returns are being submitted I would guess it is likely that the returns are legitimate as far as tax legislation is concerned. I would be surprised that if the situation warranted investigation then they would have suggested or even initiated, via a registrar initiated change of assessment, a change of assessment. Change of assessment, or more correctly legislatively a departure from formula assessment, is a process where special circumstances are looked into in greater detail. There are 10 reasons, the most common and the one that would apply here is a reason 8 change of assessment. A reason 8 deals with "a parent's income, property, financial resources, or earning capacity".
Thanks for your reply Mike - Appreciate it

 Am thinking I should just continue to bite my tongue and hope that one day he finally starts contributing or CSA picks up on something.

The thing that I really dont understand is the last two financial years he has earned around 90k on his tax returns and I initially get info from CSA advising he has to pay around $400 a month but within days of getting the initial report, he does a COA and his income estimate of 10k is always accepted by CSA.

I just cant understand how CSA can get his tax returns for what seems like a more reasonable wage (considering his job role) and then always accept his ridiculous estimate. It all seems to complicated for me to understand which is why I never question anything and just assume CSA knows what they are doing.

He is an only child and his mother remarried several years ago and gave him her house which she got from her divorce (so he has no mortgage or rent).

He is still single and has no other family or children to support.

Little things to me just dont add up as to why he can get his lower income of 10k always approved.

He started this new job approx 2 years ago, prior to that I was always getting some CS payments but ever since this new job, NOTHING!

Dont think I am ever going to fully understand the system :(
1 guest and 0 members have just viewed this.

Recent Tweets