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I have primary care of my children and because I work and my ex doesn't, I have to pay child support to my ex. I also pay for all school fees, swimming lessons, school excursions etc etc. I have asked child support agency to credit these items as a non agency payment but they have to get permission from the other party to do so , my ex said no she thinks she should only pay for 30% of school fees etc because she only has 30% care. She hasn't paid me anything though!. What can I do about this ? It seems unfair that because my ex choose to leave me and the children in the first place and chooses to continually not see the children when she is supposed to and chooses not to work , its unfair that I should have to pay for EVERYTHING. They are her children to ,regardless of care percentages.
Any help would be appreciated

I don't believe that you have been correctly assessed. If you have over 65% of care, which appears to be the case, then section 40C of the child support assessment act applies, which is :-
The Child Support Assessment Act said
40C  Parents with more than 65% care
      The annual rate of child support payable by a parent for a child for a day in a child support period is nil if:
   (a)   the parents annual rate of child support for the child is worked out under section 35 or 37 (income of both parents, no non parent carer); and
   (b)   the parents percentage of care determined for the purposes of the administrative assessment of child support for the child is more than 65%.

The formula itself is based upon children costing a amount (i.e. the cost of the child or children) that is based upon the combination of both parents income, as such normal costs such as fees for excursions etc comes into that. Effectively/theoretically the non-paying parent does pay if they have a level of care greater between 14%, this is the cost percentage. For a level of care between 14% and 34%, which is the where your ex fits, the cost percentage (reduction) is a 24% reduction and it is deemed that the non-paying parent would pay this amount.
I currently have 64.95 % care . Although my ex has not had the kids for the number of nights we agreed upon, but we cant change that percentage untill end of financial year.
64.95% is, according to section 47 of the Child Support Assessment act, rounded up to 65%. That means that you would pay a maximum of 25% of the cost of the children, assuming that the other parent's income is below the self support amount($18808 for assessments done in 2009). So the other parent is receiving 25% of the cost of the children, but has care for 35%, so that could be considered as a bonus. If the situation were that the other parent had an income above the self-support amount then this would further reduce the percentage of the cost of children, although it would also increase the cost of the children, however I believe that the overall effect would be to reduce the CS liability.

Personally I am against the staggering that is included in the legislation, as in some cases, the effect of a 1% change can make a vast difference, potentially as much as over $9,000 for one nights care, which equates to a child support rate of over $3,000,000 p.a. . I believe that there should be a true sliding scale, so every 1% or even part of a percent equates to a care reduction.

One thing that I have noticed, is that a level of care that you have provided does not equate to an exact number of nights care, 237 nights would be 64.93%, thus it would appear that you have managed to have day time care taken into consideration. I'm only aware of one other example where this has been the case and that had to go to SSAT, who overrode the CSA's decision to deny the use of an accurate level of care. Did you also take the matter to SSAT to get this level of care? Either way I would be grateful if you could explain how you got daytime care to be taken into consideration.
Thanks mike for your response, you are right I do have 64.93% care 237 nights. That was the agreed number of nights were meant to be. I will have 244 nights at the end the financial year but child support wont change that until then, there is alot of past history of the ex not actually living up to the care percentage she says she will. Three years in a row now . CSA told me that she has to actually miss 26 nights for the percentage to change but due to the history I am hoping they will take that into consideration.
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