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CSA not listing to all the evidence

17yr old child working fulltime as sub-contractor

Hi All,

My partner is presently unemployed and we pay for his two children under 18yrs. Recently I completed an ABN search on the child who was not employed at the last COA (was declined and the ex partner was supposed to resubmit for another assessment in March ,but has not presently done so). I came up with a registered ABN, which obviously means the child is working full time collecting monies as a sub contractor, which is usually quite a bit more than if he was a 17yr old working for Salary and Wages.

I would like CSA to consider evidence of non school age children (proof of wages) before making their decisions on an increase.

The mother doesn't claim centrelink for the 17 year old child, so therefore the rules should be the same. It is such a grey area. My partner has paid for all his children until they were 18years old and we don't argue about this, but we think it is unfair that the ex partner doesn't declare when they are working on a full time basis earning greater than the about $18,000/year.

If she hits us with another COA we will be taking it to the courts as he has been paying for children (4) who entered the workforce at 15yrs. If you require proof of income for Centrelink, the same rules should apply to Child Support, otherwise it is fraud!

Last edit: by MikeT

               you yourselves could initiate a change of assessment, reason 4 - Income of the child. However the child has to earn a "significant income", more than the Youth Allowance, plus the income free threshold, before the income is considered significant according to the CSA Guide. For 2008 the amount was $215.25 per week. I think that it will now be $217.03 per week based upon the Youth Allowance for an under 18 year old, without children,  living at home being $203.30 per fortnight.

The calculation I've used is :-

$203.30 * 26 = $5285.80 (i.e. annual amount of Youth allowance for 2009).
$5285.80 + $6000 = $11285.80 (i.e. annual amount of youth allowance + income free threshold)
$11285.80 / 52 = $217.03

You may wish to look at the relevant section of the CSA guide, so here's a link. The CSA Guide - section 2.6.10

Note that the CSA guide is not always an accurate reflection of the legislation so you may also wish to have a look at the underlying legislation, links are provided in the CSA Guide.

Proof of Income is very difficult to determine

Thanks Mike

On reading your reply, I will wait for the ex partner to initiate the COA, (experience denotes this is the best way of dealing with uncertainty!). We have huge difficulties in trying to prove the wages earned by the children, as my ex partner has been successfully prevented from seeing any of his children for the past 12 years, and I doubt whether the Taxation Dept/Centrelink can be requested to provide salary or benefit info. in a court of law to prove that ex partner will not divulge the childrens' work history, she just lies blatantly to CSA and we are unable to prove otherwise. Although I did request education costs and expenses attributed to elder child last year when COA was in progress, she refused and COA was declined ( she had initiated the process because she heard we build a new house), so there is a small amount of justice in the new system. She wanted to apply the 'Capacity to Earn' to obtain more funds (for her, not the children I am sure) but my Partner (the childrens' father) did not comply with the three selection criteria for the increasein Child Support.
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