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Tax return and CSA

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if tax return hasnt been done

Question due to health issues i had to take an early release of super end of 2017 and did not do my 2017-18 tax refund thanks to health and depression (Found to have estimated underpayment to CSA by $4000) .
 I am now wanting to fix this and do my 2018-19 return (have overpayed CSA by $3000). Would CSA take into account this overpayment in my recent tax and just put me in $1000 arrears OR would they ignore this years overpaynent  and put me in $4000 arrears?
Also my ex is currently in jail still refusing to allow me access to kids and has left them with his mother, would this money go to her or would it go to him still CSA are aware. Thank you
As arrears is an ongoing offset based account as such, then they should offset it or give you the $3000 which you could then use to offset the arrears. However, I believe that they have processes in place to automatically grab tax refunds so the $3000 and perhaps also the $1080 (if you are due this).

http://guides.dss.gov.au/child-support-guide/5/2/8

In theory, yes the mother should be the recipient. It makes no difference to the amount though as the derived amount is just distributed differently.

The ex cannot legally uni-laterally refuse you access, there would have to be some form of court order for access to be denied.
I think there are much bigger issues to be resolved than tax returns here. How can he refuse to give you the kids?  Is there some other issue going on?

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
 
Well after 13 years of DV  it has left me with ptsd and a hell of alot of anxiety/fear of him and his family. On the final day of seperation he had strangled me/stomped till i passed out then took off with the kids to the safety of his violent family and me left with nothing but all the bills and no support (no family and friends left not willing to see anymore). He also had a card to my banks stripping my acc of all the $$ i had therfore leaving me with nothing . Police were unwilling to do anything as its for the courts. During courts for DV the judge gave him free reign to question me on the stand and even with photos/recordings of him beating on me the judge gave him an order against me for "financial abuse" because i was the soul worker, he also put the kids on it so therefore no contact allowed. I had attempted every year to go through mediation and at every attempt they have come back stating its too dangerous for me or the times he moved being told they cant chase up without his details. Ive attempted to contact him, payed for private investigators and been sent a barage of threats and abuse. Ive attempted to get legal aid but as alot of other people are aware you work and your not elligible for assistance, and am unable to afford legal fees. Child safety have contacted me in regards to concerns several times for abuse and his drug use their last one reporting back to me "they will continue to check on the kids but beleive as long as his mum is involved she can de escalate him"  even though she doesnt live with them. Recent quotes from solicitors  stage 1 - 15k and stage  2 between 15-40k no way of affording that and have been advised due to his history of non compliance i would be looking at the higher side amount. I know what your thinking, this cant be right, i must have done something wrong but no, never dealt with child safety or drugs, no criminal history have always done the right thing  was the main carer of both children. i just cant afford to pay the system and he can get the free legal aid as he refuses to work.
Best to get your tax returns up to date and see what CSP do about it. Then you can object or make an application for change of assessment. In the past if a payer had overpaid CSP would not recover it from the payee stating that they had already spent it etc. etc… on the children. If the children's father is in goal and his mother is looking after the children she would have to apply to CSP for child support as well as any other benefits such a Family Tax Benefit. If there has been a change of care that CSP are not aware of then you should let them know. Re custody of the children - if there are no court orders stating who the children should live with and no Violence Restraining Orders between you and the children then you are able to care for the children applying for Family Tax Benefits and Child support against to other parent. If you don't know where your children are you could apply to the courts for a recovery order.
In the situation you are in I would have thought legal Aid could assist. Has that been explored?

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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