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So confused about CSA

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Need help from someone who knows whats what with CSA please

 Firstly, thank you in advance for taking the time to try and help me, I appreciate it, and hope I am posting in the right area? Secondly this wont be a quick post, sorry, I'm not very concise by nature, but here I go anyway…….

 My ex husband and I have 2 lovely children 11 and 12 yo. He and I have been apart for 7 years now, and until last month I had both children (eldest went to live with his Dad 3 weeks ago due to excessive bullying  since we moved to a cheaper rental area 4 years ago - worst move I have ever made..).

 He has paid $200 pm child support since march last year and that was all he had paid for the 7 years, except for a very very few payments of between $60 and $170 from short lived garnishees. He has in the past started jobs given an incorrect tax file number -usually twice-, before whomever he is working for applies to the tax dept for the correct number, this is both to prevent child support taking any money and also at times to rip off centrelink for extra dole payments. That was just one of the many reasons our relationship was doomed, he seems to have no problem being very dishonest. So as soon as a garnishee was put on his wage he would quit and swap jobs.

  When the $200pm payment started I wrote to his mother to ask her to thank him (stupidly assuming it was a voluntary payment, it wasn't I have since found out, it was a garnishee), despite not having heard a word from him in 7 years, no bday, xmas calls, card or gifts for the kids, nothing.  I didnt hear back from him, but his mother wrote, and sent the kids a gift, which got my son interested in contacting his Dad, so we set about contacting him.  Son found and called father in early January and at my suggestion he is now there to see how he goes away from the constant bullying, abuse and terror he has experienced where we live at the moment.  (I have no job and am desperate to move as we live in the highest unemployment area in NSW, but can't afford to move house, so am stuck but thought this would be best for my son so let him go - and so far he seems fine, which is great, but heartbreaking for his sister and I having to be without him so he can be safe) 

  So ex and I are talking again, but suddenly about a month ago he mentions having a large workers compensation payout coming to him and he wants me to call CSA and discharge the large arrears he owes, saying that he would "throw a few grand my way".  I told him to go and do his taxes (he hadn't done them in 7 years as I used to do them for him) as apparently he lived on nothing for 5 years so his arrears would drop, which he promptly did, and his arrears went from $32,000 to $11,000.  But according to him, he has a lot more owing to CSA due to late payment fees??

  Now I have many many many questions, and have called CSA many many times lately but am getting really quite confused, and worried, and am getting a lot of pressure from my ex to discharge the arrears because he 'needs' it  (I am so numb to his ways that when he raves on and on about having to pay for school clothes, shoes, and half the rent because he shares a house with his brother - on his full wage plus some pension now - I don't even flinch that it never once crosses his mind that I have raised both children for years on half the money he has, and without a car for the past two years, and no family support, but for him that is somehow different!!!!!)

So here are some of my questions….

1. If he is entitled to a lump sum does CSA take THEIR overdue fees out before they pay me the arrears?

2. He has work cover coming to him and he is in SA so I was told that they are legally bound to pass this on to me, is that correct?

3. Is it possible if he claims hardship (and believe me that is something he would definitely do) that i will get pretty much nothing but a promise, despite him not having EVER voluntarily paid any child support owed? (amongst his claims for hardship he would probably list the repayments for a $20,000 car loan he defaulted on, the $4500 court fines for various offenses he owes as well as money he owes to centrelink for defrauding them on many occasions)

4. Is there anything I can do to try to get even a portion of his tax return (he said it is about $3000), or the work cover payout (which he said is approx $14000) I don't want to fleece him, but it would be SO helpful if I had enough money to move to an area of higher employment, and/or get a car, (couldn't afford to keep mine) and I know him well enough to know that he will promise everything and deliver nothing, so if I did discharge the debt and wait for him to "throw a few grand my way" that it would never happen.
.
5. How much information will CSA give me about what they have or haven't collected, and whether any of my ex husbands money is going towards their late fees?

6. If he requests hardship will I get a chance to contest it at all, or would they at least take my circumstances into account, or compare our circumstances?

7. Does anyone have any suggestions as to anything I can do so we WON'T lose out totally in the midst of this mess?

thank you for any assistance you can give, I am not a "squeaky wheel" while my ex husband is, he was also born under a lucky star and is blessed with the gift of the gab, and as his mother always says, could sell ice to the eskimo's.  I however am much more a shrinking violet, never put myself forward, and always seem to be on the losing end of any bureaucratic dealings we may have, but this time, I really don't want to be passed over, my daughter and I really need to get out of this area, both for work, and so if my son wants to come back he actually can come back to a home that will be in a safe area for him, and this is the only way I see for that to happen, and appealing to my ex husbands 'better nature' to help with that would be fruitless, as he see's only his own needs, not his responsibilities. 
Snowbell said
1. If he is entitled to a lump sum does CSA take THEIR overdue fees out before they pay me the arrears?
I think fees are the last thing and then they are often dropped or reduced.

Snowbell said
2. He has work cover coming to him and he is in SA so I was told that they are legally bound to pass this on to me, is that correct?
I'd suggest absolutely not, rather there would have to be a reason 8 change of assessment:

The CSa Guide - Reason 8 - a parent's income, property, financial resources, or earning capacity said
Compensation

Where a lump sum is received because of compensation for a personal injury there may be a reason to change the assessment because the payment compensates the parent for past loss of wages or a reduction of future earning capacity (Harris and Harris (1991) FLC 92-254).

Where the amount of compensation is set by way of private settlement it can be difficult to establish the portion of the compensation which relates to loss of wages or a decrease in future earning capacity. In these cases a decision by Centrelink concerning the period during which the parent is precluded from applying for social security benefits can be of assistance.

The cost of the parent's future needs may be increased and a part of the compensation, if not all, may need to be preserved to meet those costs. The parent's cost of meeting their future needs will need to be ascertained to decide the extent to which the parent's capacity to contribute to the financial support of the child has been increased because of the compensation payment.

Snowbell said
3. Is it possible if he claims hardship (and believe me that is something he would definitely do) that i will get pretty much nothing but a promise, despite him not having EVER voluntarily paid any child support owed? (amongst his claims for hardship he would probably list the repayments for a $20,000 car loan he defaulted on, the $4500 court fines for various offenses he owes as well as money he owes to centrelink for defrauding them on many occasions)
I believe that such necessary commitments, which I believe that they are as they have been entered into, would be taken into consideration.

Snowbell said
4. Is there anything I can do to try to get even a portion of his tax return (he said it is about $3000), or the work cover payout (which he said is approx $14000) I don't want to fleece him, but it would be SO helpful if I had enough money to move to an area of higher employment, and/or get a car, (couldn't afford to keep mine) and I know him well enough to know that he will promise everything and deliver nothing, so if I did discharge the debt and wait for him to "throw a few grand my way" that it would never happen.
I believe that you could be in trouble if you acted outside of the law in attempting to recover such monies. You should follow the legal processes.

Snowbell said
5. How much information will CSA give me about what they have or haven't collected, and whether any of my ex husbands money is going towards their late fees?
As much as privacy laws allow, so therefore only what you get.

Snowbell said
6. If he requests hardship will I get a chance to contest it at all, or would they at least take my circumstances into account, or compare our circumstances?
You will be given a chance to provide input if there is a change of assessment.
Mike T

Thank you so much for your reply, but I should clarify that I would never break any law, and if the word 'fleece' was what was misleading, I meant, I'm not out to "take him for all he's got" NOT that I would ?steal or ?rip him off through unlawful means. Thanks again. Appreciate your comments
1. If he is entitled to a lump sum does CSA take THEIR overdue fees out before they pay me the arrears?
If the CSA were to serve a notice of claim on Workcover, then they would take all money owing to you. I am not sure about if the late payment  fees would be taken at the same time. CSA can only issue a notice of claim in SA, if the lump sum payout is for non economic loss.
2. He has work cover coming to him and he is in SA so I was told that they are legally bound to pass this on to me, is that correct?
CSA would need to issue a notice of claim on Workcover. Then Workcover would be legally bound to pass the notified amount on to the CSA. However Centerlink could do the same if he owes them money, not sure which department would end up with the money if both lodged a notice and the payout wasn't enough to cover both debts.

4. Is there anything I can do to try to get even a portion of his tax return (he said it is about $3000), or the work cover payout (which he said is approx $14000) I don't want to fleece him, but it would be SO helpful if I had enough money to move to an area of higher employment, and/or get a car, (couldn't afford to keep mine) and I know him well enough to know that he will promise everything and deliver nothing, so if I did discharge the debt and wait for him to "throw a few grand my way" that it would never happen.
Pretty hard for anyone to claim 'hardship' even when they are a genuine case, guess whether they except it or not would depend on his reasons. Does he have any future medical expenses or a reduction in future work capacity relating to reason he was paid out by work cover?

Unless he is granted hardship before the ATO assess his tax, then any unpaid CS will automatically go to the CSA. In our case they didn't take the late fees out of my OH's tax return, only the outstanding CS amount (not sure if that is the norm though).

He maybe able to successfully argue to get the late fees wiped out, once the overdue CS is paid. The money from late fees only benefits the government anyway.
 
on his full wage plus some pension now
How does he get a full wage and a pension?
Thanks Frenzy, that was very helpful, and to clarify…
He injured his hand which left him with a small percentage of incapacity that he likens to mild arthritis, in his non dominant hand thankfully, so now it has mended it causes him a little discomfort he says, so that is what the work cover payment is for, not sure what they class the actual payment as though.

He gets full wage because he is no longer on restricted duties after his accident and he gets the pension because he now has sole care of our son (since Jan this year).
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