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Post #30631 by Patsy61 on July 7th 2010, 8:18 PM (in topic “Overdue Tax Returns Create Overpayment”)

Overdue Tax Returns Create Overpayment

My child support assessment finished in June 2008.  An outstanding debt had been carrying on for a number of years due to nonpayment, based on estimated incomes.  CAS actually rang me earlier this year to obtain details on my ex in an attempt to recover long overdue payments. Obviously due to them catching up with him he recently filed his 2004/05 and 2005/06 tax returns and I received a payment (assume tax refund was confiscated).  I then received a letter from CSA stating overpayment has occurred for double the amount of the recent payment.  Is there any avenue to argue for non-repayment of this money?  I will happily repay the recent payment amount but the rest of the overpayment is long since gone and I would have difficulty in coming up with the payment as I only work casually part-time and have two young dependants.  I find it strange that a reconciliation was not done prior to remitting the recent payment as my current husband had his reconciliation done before remitting his tax refund.  (Defective administration?) As no tax returns were filed at the time of the assessments then basing assessments on estimated incomes is fair and reasonable. Does the non-filing of tax returns reveal a lack of any attempt to mitigate the circumstances at that time which have created the current circumstances leading to this overpayment?  Is there any moral obligation - act of grace payment?  Does anyone believe there is grounds for an objection?  Any help would be most appreciated……………….thanks heaps!!

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