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Hi all, hoping for some more of the valued advice I receive on this sight.

In brief, sorting out CS debt, less than $5000, have received some questionable advice already from CSA.

I have offered to enter payment plan for debt, taking into consideration my protected earnings, the costs to have contact, current assessment liabilities, arrears penalties, my $0 assets and 2 dependent children both under three. Mum not working, still breastfeeding infant, I am employed on wages and renting.

Left with less than $50 per month, which I offered to contribute toward debt, until which time I can secure loan to pay debt in full.

SCO has informed me, CSA will not consider the 8% plus of my gross income to have contact, will only consider other costs if in excess of 5% of my net income.

SCO sent me a letter, CSA will except no less than an amount, coincidently 8% of my gross income, as the minimum repayment. SCO has included a Assets and Liabilities form with this letter. CSA have access to all information they require on form, recent tax return, FAO and what I have already provided.

The only thing on form CSA don't have or access to, is banking institutions, where I have tried to get a loan to pay debt in full. Have a meeting with bank manager next week. SCO will not confirm, that all penalties will be remitted if paid in full. This alone is hampering my chance of a loan. An unconfirmed liability.

Document also requires me to sign off on  an initial payment, plus an ongoing amount. I have already done this, offer was rejected.

Form states its purpose is, to assist CSA, in determining an appropriate payment arrangement for me. SCO has already confirmed CSA will except no less than 8% of my gross income and has provided the figure.

I have not excepted CSA plan yet, however I have commenced paying what they have asked, plus all other liabilities for CS and penalties. New increased assessment was back dated three months, arrears and penalties I paid with funds, I had saved for my kids flights these holidays. Should I sign yet??

Kids not coming, ex has already used this situation, to remind me of her view, sent an email, everyone knows I am prioritising my new family over our children.

Am I wrong in prioritising the required  amount set by CSA for support of our kids? My family are poverty stricken already from CSA's unjust and unfair actions. I lost everything 2 years ago,had my family in emergency accommodation, and helped by the wonderful men and women at the Salvo's. Just getting my life back on track, was having regular contact with my children, working, paying taxes, paying CS paying debt????

Can I apply to court, to have assessment take into consideration, the costs of contact, as CSA has stated in a letter they will not. Or do I  go through COA and no doubt SSAT first.

A long process either way, if I am furnishing the current liabilities I am not seeing my kids. Doomed either way :dry:
You may wish attempting to get a court ordered stay order under the premise that the CSA are not being reasonable in taking into consideration the best interests of the child(ren) by not considering the costs required to support the court ordered contact. At the same time take the matter to SSAT. SSAT may be more considerate. If not then you could perhaps take the matter to court on a point of law. You could also involve the ombudsman.

CSA Guide - 4.3.6: Applications, appeals and court orders under the Registration and Collection Act said
Stay orders pending certain CSA, SSAT or court decisions

A court can make a stay order under the Registration and Collection Act which stays or otherwise affects the operation or implementation of the Assessment Act or the Registration and Collection Act (section 111C). An application for a stay order can be made if there are court proceedings on foot, a change of assessment application is being considered by CSA, an objection is being considered by CSA, or the SSAT is considering an application for review.

A stay order has effect for the period specified in the order or, if no period is specified, until the decision of the court, CSA or SSAT, becomes final.

A court may make a stay order if it is desirable to do so, taking into account the interests of the persons who may be affected by the outcome of the proceedings.

An objection decision is final if an application for review has not been made to the SSAT within the 28 day period allowed. A decision of the SSAT is final if an appeal has not been made within the prescribed period. A decision of a court is final if an appeal is not made within the time allowed for doing so by the relevant court, or in the case of a decision of the Full Court of the Family Court, no application for special leave to appeal to the High Court has been made within 30 days of the decision.


Janus said
Am I wrong in prioritising the required  amount set by CSA for support of our kids?
Absolutely not, the legislation recognises that one has duties that should be considered. Basically it is the CSA who are largely responsible due to their distortions of the legislation in order to meet their only real consideration, the collection or transfer of as high amounts as possible, which is supported by those they report to as these amounts equate to Government revenue by negating expenditure on FTB payments.
if you only have $50 a month left over after paying all your fixed costs then giving that to CSA is not going to help anyone, you'll continue being in debt and with no money for savings your situation will not improve.

an honest suggestion is to go see a financial counselor, get them to work out a financial plan for your family.
get this done asap.
you could possibly even attach their financial plan to a payment arrangement.

 
Thank Mike T and wednesday.

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