Donate Child Support Calculator
Skip navigation

Search – Forums

Your search gave 6 results:

Post #37431 by Roscoe_au on June 27th 2011, 4:19 PM (in topic “No control over how Child Support payment is used”)

No control over how Child Support payment is used:

If it wasn't my name beside this post, I would assume I had written it.  My story is (so far) 10 years old…

Am paying $800 a fortnight (deducted from my salary for God knows what reason - I've never been late with my payments, but still CSA say that they can, and they do) and both of my kids rock up in clothes that either don't fit, haven;t been washed, or have holes in them.  She drives a very nice Jeep Cherokee and looks a $million. Last Christmas, the ex gave my daughter a jewelry box and a pair of bed sheets.  My son got 2 xbox games.  At my end, they were spoiled…  It gets worse when the eldest forgets to take his school clothes back from my place and she demands I express post them (and I do…otherwise my boy cops the grief).

She refuses to work.  Her partner is the only bread winner in the family and she recently inherited several million dollars from her mother's estate but alas, its all in property and buildings and my initial inquiries with the CSA say that her assessment is based on income - not assets.  See my posting above looking for some assistance on this.

Also, I am raising three children who aren't mine or my partners biological children (hence, no deduction there because the CSA say that we are not legally obliged to care for them - and I type these words with smoke steaming from my ears…).  Given the name of the CSA assumes "supporting children", you have to wonder.  I can think of several other acronyms for CSA that I possibly couldn't type in here without a moderator removing them.

My sympathies to all of the other dads out there struggling to do the right thing but getting poked in the rear end at every juncture.

Go to post

Post #37426 by Roscoe_au on June 27th 2011, 3:35 PM (in topic “Capacity to earn - Cash Poor/Asset Rich”)

Capacity to earn - Cash Poor/Asset Rich

Am after some further advice on the assessment of an ex partner who is one of a couple of children who inherited an estate worth nearly $10M several months ago.

Obviously (and because I am assessed at the top rate for two teenage children because she has decided that she is no longer interested in being employed - and who would with a lazy $2M in your pocket) I lodged a form to have her reassessed based solely on the size of the estate.

The issue I have 70-80% of the estate is made up of land and buildings.  Other than the family home and a holiday house, I imagine that the rest will be eventually sold.  How can I argue that the amount of child support I pay needs to calculated against the equity growth of the assets that make up the estate today and not necessarily against the cash currently in the estate or proceeds at a later date?

The reason I ask is that this year the Trust may not dispose of any assets, next year it might dispose of $8M in land but not distribute all of the money, and then the following year it may distribute nothing but sell more of the land etc, ect.  In turn, I am provided with no certainty, nor the guarantee that she would bother advising CSA of any distributions that have been made to her.   I have copies of the Probate so this is my only opportunity to make sure I am not cheated (she has a history of earning under ABN and not notifying the CSA, so I know I am always paying more than I should).  Any advice? Or, sections of the Act that I can provide that would allow for an assessment that is fairer and provides more certainty for me?

Thanks people

Go to post

Post #37423 by Roscoe_au on June 27th 2011, 11:11 AM (in topic “Capacity to earn - Cash Poor/Asset Rich Assessment”)

Capacity to earn - Cash Poor/Asset Rich Assessment

Am after some further advice on the assessment of an ex partner who is one of a couple of children who inherited an estate worth nearly $10M several months ago.

Obviously (and because I am assessed at the top rate for two teenage children because she has decided that she is no longer interested in being employed - and who would with a lazy $2M in your pocket) I lodged a form to have her reassessed based solely on the size of the estate.

The issue I have 70-80% of the estate is made up of land and buildings.  Other than the family home and a holiday house, I imagine that the rest will be eventually sold.  How can I argue that the amount of child support I pay needs to calculated against the equity growth of the assets that make up the estate today and not necessarily against the cash currently in the estate or proceeds at a later date?

The reason I ask is that this year the Trust may not dispose of any assets, next year it might dispose of $8M in land but not distribute all of the money, and then the following year it may distribute nothing but sell more of the land etc, ect.  In turn, I am provided with no certainty, nor the guarantee that she would bother advising CSA of any distributions that have been made to her.   I have copies of the Probate so this is my only opportunity to make sure I am not cheated (she has a history of earning under ABN and not notifying the CSA, so I know I am always paying more than I should).  Any advice? Or, sections of the Act that I can provide that would allow for an assessment that is fairer and provides more certainty for me?

Thanks people

Go to post

Post #36603 by Roscoe_au on May 25th 2011, 2:32 PM (in topic “Definition of "Dependents" under the CSA Legislation”)

Definition of "Dependents" under the CSA Legislation:

Thanks Mike.

I am currently preparing a change of assessment doc in reply to the one that has been sent to me (the ex usually has me reassessed on a 12 monthly basis just to keep me thinking about her…lol).

If you like, I can update this discussion with the outcome.

I know my circumstances are probably fairly rare but its situations like these that start to get people thinking.

Warning: For those people following this link and considering Foster Care as a means to reduce your CS liability, have a good hard look at yourselves.  In home caring for children is not about you…its about the children who cannot live at home with their parents for whatever reason and need people who will care for and protect them.

Go to post

Post #36600 by Roscoe_au on May 25th 2011, 1:07 PM (in topic “Definition of "Dependents" under the CSA Legislation”)

Definition of "Dependents" under the CSA Legislation:

Thanks for the reply.

I have read the Act and you are correct, the definition of a dependant child is fairly narrow, and not terribly helpful for my circumstances.

I guess I was more interested in getting some feedback as to whether the CSA would make an allowance under any of the re-assessment conditions, or whether the definition could be argued as not being fair and equitable (but then again, we are talking the CSA…) and in what forum it would be best to argue this point.

Go to post

Post #36596 by Roscoe_au on May 25th 2011, 10:18 AM (in topic “Definition of "Dependents" under the CSA Legislation”)

Definition of "Dependents" under the CSA Legislation

Hi, this is my first post and am hoping for some really good feedback on an issue that is both complex and very emotional.

For several years my wife and I have been foster carers (not an easy gig, but at the same time rewarding) and early last year we took into our care some little babies who (as we were informed at the time) "not for reunification" and were to go Permanent Care.  The State Govt. has guardianship of the children and when this runs out later in the year, permanent care (or legal responsibility) will be (provided all of the assessments have been completed) passed to my wife and I.

As a bit of background, Victoria is one of the few states that has a permanent care policy.  In other states, legal responsibility to a full time carer is never passed on outside of an adoption arrangement.  In NSW, these orders are called "G0-18".

I am also the father of 2 children from a previous relationship and am paying Child Support.  Always have, and always happy to meet my obligations.

Under the current CSA rules, these children in care who we regard as and care for as if they were our own biological children are not considered as dependents, but for every other test - i.e. calculation of the FTB, baby bonus, according to the ATO, Medicare and Centrelink, they are.  I have had a couple of heated arguments with the CSA regarding their status in life and consider the total disregard of any sort of reasonable argument a "slap in the face" for these babies who had the misfortune of being handed a horrific start to life before being placed in care.

So…I come back to my descriptive statement of "When does "fair and equitable" for the payer match good social policy?"

Surely, the rules aren't as black and white as the people at CSA claim them to be?  And, would this matter be considered differently at the SSAT where the Social Security Legislation actually considers children in full time care as dependents?

Your feedback would be most appreciated.

Go to post

Enter the words you wish your result to include, with spaces between them.

Advanced…

The template search will find all entries matching the criteria. For example, a search with a criteria of ‘Manhattan’ in the field named ‘Description’ (assuming there is one) would find any entries containing the substring ‘Manhattan’ in the ‘Description’ field.

If there are additional categories available underneath a category then there will be a clickable ‘plus’ icon shown to the left of it. Choose your selection by clicking the label (you will see it get highlighted). Hold the ctrl key to expand all child categories also.

Recent Tweets