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Ex agreed I would look after elder two and once they finished went to CSA for child support for my youngest

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Thank you for assisting me.  I have three children, two whom are adults and a much younger child.  It was agreed at separation that I would financially cover my two older and my ex would pay for the younger child.  Now the two older children have gone through private school and university all paid for by me; my ex has now put an application into CSA for child support payment of my 13 year old.   I am at the higher end of the pay scale and I am now paying over $2500/month for her.

All that aside; I live in a capital city and fly in and out for work and my wife lives $3K away.  I see my daughter every 2-3 months at my expense and for varying times.   My ex lives with her partner in a mining town where she works for minimal pay, does not have any expenses as her partner's company pays for rent, utilities etc.   I pay for my daughter's schooling; however CSA are still charging me the absolute extreme of my wage.

Would you have any ideas on if I have any grounds for requesting a change of assessment.  
It would be helpful if you create an account on the site so that moderators and others can more easily respond as we get a number of 'guests' posting. It was agreed upon separation… What agreement was put in place? Orders by consent? Parenting plan? exchange of letters? Exchange of e-mails? Some other form of communication? As she has almost 100% care unless there is some 'agreement' that can support a change of assessment then you will find it tough going. You do have the option to claim some of your daughter's expenses to schooling as Prescribed Non-Agency Payments. These are limited to certain school costs. You will find much written in the CSA forums about this.

Executive Secretary - Shared Parenting Council of Australia
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CS Prescribed Non Agency Payments - details

Prescribed non-agency payments
The Registrar can credit certain payments towards a payer's child support liability regardless of the intention of the parents at the time the payment was made (section 71C), except if:

  • the liability is an overseas maintenance liability (section 71C(6)), or
  • the liability is a parentage overpayment order, or for spousal or de facto maintenance (section 71C(5)(a)), or
  • at the time the payment was made the payer had at least regular care of any of the children to whom the relevant administrative assessment relates, or
  • at the time the payment was made the child support liability was being fully or partially met by a lump sum credit (Refer to 5.3.3 Crediting Lump Sum Payments)
Credit can be given up to a maximum of 30% of the ongoing liability, provided:

  • the balance of child support is paid as it becomes due and payable,
  • the payer has less than 14% care of all of the children to whom the relevant administrative assessment relates at the time the credit is being applied (section 71C(1)(d), and
  • the child support liability is not already being met by a lump sum credit.
The balance can be paid in cash or in the form of a non-agency payment credited under s71 or s71A, or from money credited from another source such as a tax refund or payment from a third party.

The Registrar can only credit amounts paid on or after 1 July 1999.

The types of payments that can be credited in this way are listed or 'prescribed' by regulation (regulation 5D). They are:

The date of notification of the payment is the trigger for commencing to credit up to 30% towards the current liability. If a payer satisfies the conditions and the amount of the payment is more than 30% of the enforceable maintenance liability in a given month, the payer will be said to have an 'uncredited' amount. This uncredited amount can be applied against the payer's enforceable maintenance liability in a later month provided the conditions for payment are again met.

The Registrar cannot credit an uncredited amount towards any child support arrears that accumulated prior to the payer notifying the Registrar of the prescribed payment. An uncredited amount can be applied to arrears that accumulate after the notification, but only when at least 70% of the liability is satisfied by cash or a non-agency payment credited under s71 or s71A.

Example: A payer has a current liability of $100 per month and owes $3,000 in arrears.

In August 2013 the payer notifies the Registrar of a prescribed payment of $2,000 made that month, however, no payments were made direct to the payee, or to the Registrar.

As a result the payer still owes $3,000 and has an uncredited amount of $2,000.

If the payer pays $70 in cash (or has an equivalent amount credited as a non-agency payment under s71 or s71A) by the due date for August 2013 (7 September 2013) then $30 from the $2,000 uncredited amount is credited. The arrears of $3,000 remain. The uncredited amount is reduced to $1,970.

If the payer does not pay for the months of August, September and October but pays $280 on 7 December 2013 (being 70% of the liabilities for August, September, October and November 2013), then $120 of the uncredited amount can be credited (i.e. 4 × $30, leaving a balance of $1,880) and the arrears remain at $3,000.

If, in the above example, the payer pays $1,000 on 7 December 2013, $280 of the cash payment (70% of the liability) is applied to the liabilities raised for August, September, October and November (i.e. $400) and $120 of the uncredited prescribed payment would be credited to the account. This leaves an uncredited balance of $1,880 and the cash payment in excess of 70% of the liabilities, being $720, is credited against the original arrears of $3,000.

If a retrospective variation is made to a liability, whether it results in an increase or a decrease, the amount credited from a prescribed payment remains unchanged despite the fact that the percentage of the prescribed payment has changed.

If the payee of a private collect case later applies for registration of the maintenance liability and collection of arrears, the Registrar will calculate the unpaid amounts by taking into account any credit for prescribed payments that would have been available if the case were registered for collection.

If the Registrar is collecting child support through employer withholding, the amount deducted will be adjusted to take into account the prescribed payments. If the prescribed payment constitutes 30% of the payer's liability for 2 months or less then the excess cash will be refunded. If the prescribed payment constitutes 30% of the liability for a period greater than 2 months, the payer should be given the option of having their deductions reduced or given a cash refund.

Payees who are in receipt of more than base rate FTB need to be made aware that when a prescribed payment is notified to Centrelink services, the payment will be included in the maintenance income test used to calculate FTB, even though it remains 'uncredited' for the Registrar's purposes. The whole amount will be assessed on the day that the payment was made to a third party or received by the payee.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
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