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Post #33082 by himandme on November 24th 2010, 2:44 PM (in topic “CSA have increased CS payable”)

CSA have increased CS payable

I am having trouble comprehending this. Hubby received 3 new assessments from CSA with the following dates:

1. 1/11/10 - 29/01/11 - $160.00 per week for 2 children aged 17.9 months and 12.10 months.
2. 30/01/11-??/02/11 - $175.00 per week for same children
3. ??/02/11-31/01/12 - 130.00 per week for 1 child

I got on to the CSA website to calculate what the CS would be for 1 x 13 yr old and their calculator told me $100.00 per week yet their estimate states $130.00 per week.

I rang CSA and was told that CS is not solely based on income, it is also based on the age of the child and that when a child turns 13 the amount payable increases.

I have NEVER heard of this before. I always thought it was a percentage based on the wages less self support income.

I have been to their page with the support tables and quite frankly it is just gobbledegook, but even there it states 23% for one child.

Can someone please explain this to me in simple english why the amount of CS hubby pays increases when a child turns 13.

HimaandMe, I've changed the dates as this indicates the child's actual birthday which could perhaps be classed as identifying the children.

Last edit: by MikeT

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Post #28739 by himandme on March 2nd 2010, 11:33 AM (in topic “How far can CSA go back?”)

How far can CSA go back?:

This situation is going from bad to worse.  Because of receiving this letter hubby did some investigating and found out that the eldest daughter for whom he is paying maintenance (2 children) left school mid last year and is working full time.  Surely this being the case maintenance is not payable and the ex should have informed CSA of the situation.  What do we do now?

Re the penalty, it has been remitted, but I was told that the legislation allows them to go back as far as they want to.  They have sent a letter to the ex stating the amount of maintenance she missed out on and I guess if she wants it she will have to take hubby to court for it.

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Post #28735 by himandme on March 2nd 2010, 12:46 AM (in topic “How far can CSA go back?”)

How far can CSA go back?:

CSA are not backdating for maintenance, they are (as stated in their letter) "required by law to impose a penalty, which for your case is $XXX.XX".

We think that the ex may have been the one to cause this to happen if she is trying to get more money and CSA have gone hunting.

Another thing that has come to mind is that the oldest child is now 16 (for which maintenance is being paid) and studying full time and we think she may be getting the Youth Allowance, she has also been working weekends for the last 12 months.  How does youth allowance affect maintenance being paid and is there anyway we can find out if she is receiving it and what she receives in wages each week.  Unfortunately  we are dealing with a mother who has been deceiving Centrelink for over 10 years and the ATO, we have made reports but don't think anything has happened.  We find it to be unfair and unjust that hubby is fined for a LSL payout which was part of the property settlement over 12 years ago, but he only took that LSL payout 10.5 years ago.

If the oldest is getting youth allowance this could also explain why the ex is not fussed about losing the FBT for not having filed her tax return.  I spoke to CSA about this 2 months ago and they said to me that it is not up to them to chase payees to file tax returns that we would have to ring the ATO and report her.  Why bother… so frustrating.

Further information which has just come to mind.  They stated in the letter that hubby estimated his income to them for that period.  This is totally incorrect.  He was paying under private agreement and his payments were based on the letters he received each year after he did his tax return (ex went on to CL benefits when they  separated and had to report the maintenance to CSA back then).  CSA were not involved at all apart from sending out their yearly letter of what should be paid. Hubby never at any stage contacted CSA during that time to give them an income estimate, so where did they get this from ?

Last edit: by himandme

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Post #28731 by himandme on March 1st 2010, 9:47 PM (in topic “How far can CSA go back?”)

How far can CSA go back?:

Cleary for some reason its not in this case. Is this letter brought on by some COA or other Child Support initiated investigation?"

 Not that we are aware of. Hubby has definitely not instigated anything and this letter is they only thing we have received, totally out of the blue. This is why we are wondering if perhaps the ex is up to something. Maybe because she didn't file a tax return she lost her FTB and is trying to recoup some of her losses…. pure speculation here, just trying to work out why on earth this has happened.

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Post #28725 by himandme on March 1st 2010, 8:49 PM (in topic “How far can CSA go back?”)

How far can CSA go back?:

Thank you so much for your reply.

The letter states that they are writing to advise the the Child Support Agency has determined that your actual and supplementary income for the period 22 September 1999 to 30 November 2000 was $XX,XXX.XX.  This amount is highter than the estimate of $XX,XXX.XX you gave us on 22 September 1999 for this period. (this is when they would have received his tax return).

What this means for you
Your child support liability has increased due to yoru income being more than you estimated……
When your actual income is 10% or more higher than the estimate lodged iwth CSA, we are required by law to impose a penalty, which for your case is $XXX.XX.  This will be shown in your next statement.  If you believe CSA should discharge these penalties please call us to discuss further.

Then it goes on about what you can do if you do not agree with CSA's decision, please call them rather tham write….

What has really upset us is that we have moved twice since than, the divorce lawyer at that time has moved on and it will be a long process to get proof that the extra they claim was from his long service leave payout.  As I said this payout was part of the property settlement, she got the house, hubby got the LSL.  There is no way hubby has EVER paid less maintenance than prescribed (actually overpaid) and has never done anything to try and diminish the amount he pays.  In the letter it does not say where they got this amount from (we are assuming this is the year his LSL was paid out), but that being the case why now?

We were also wondering why on earth they would be now going back that far, could the ex have rung them and informed them about the LSL and have forgotten to mention that she got the house at the same time?

We just don't know how to approach this.  What do we say to CSA, and is there anywhere in writing on the net or otherwise that states they can only go back 7 years that we can have in front of us when we contact them?

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Post #28721 by himandme on March 1st 2010, 5:33 PM (in topic “How far can CSA go back?”)

How far can CSA go back?

Hubby received a letter today from  CSA stating the following:

1. that his income for the period 01/09/1999-31/08/2000 was XXXXXXX and that the estimated amount (for his income during that period) was $20,000.00 less than this.

His maintenance has always been based on his tax returns with the ATO sending the information through to CSA.

In 2000 he took his long service leave which was valued at approx $20K.  The settlement between he and his ex was that she keep the house and he keeps his long service leave.

How can CSA do this and what can we do to stop it.  They have issued him a fine for this.

Up until 3 years ago, maintenance was paid the ex via private agreement based on his current tax return for each year and the letter he received from CSA stating what amount he should be paying.  When the new legislation came into effect the ex denied him access to his children so her maintenance would not drop, unfortunately due to the age of the childre and alot of alienation is was not worth fighting.  She has not filed a tax return for 2008-2009 to date and is unlikely to because when she does her maintenance will likely go down and she won't file either because she knows she will be reported if she does not declare all her income (has boarders and doesn declare income from this).

If CSA can go back this far surely hubby can go back and claim all the extra money he gave her for the children for specialists etc during the last 7 years.

Last edit: by himandme

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Post #28006 by himandme on February 2nd 2010, 11:59 AM (in topic “Filing a tax return”)

Filing a tax return

My husband has always ensured that he has his tax return filed by 31 October every year via a tax agent.  The problem that we are now encountering is that the payee (his ex) is not filing her tax returns and we believe that because of this he is paying more in CSA than he should be.

I rang and spoke to CSA about this and was told that she has until the end of March to file her 08/09 tax return if she is using a tax agent.  This is where I am not understanding the system and am hoping someone can tell me what should be happening by CSA rules. 

Surely if she does not have to file until the end of March, yet my husband has to have his done by 31 Oct (as told to us by CSA 2 years ago), there is a descrepancy of 6 months which may result in over payments.  When I spoke to CSA about this they said they could not force her to do a tax return and that if she does not file they will continue to estimate her income.  We know that she is not declaring all her income and has not done so for over 8 years.  She has boarders in the home and has never declared this income but we have decided not to do a COA about this because of the headaches it will probably cause us, and thought that this is probably more an issue for the ATO.

IF she does file a tax return  and it turns out that there have been overpayments during this 6 month period, will CSA credit it back to the payer?

Hoping someone can shed some light on the system and how it should work re this.

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Post #12813 by himandme on July 2nd 2008, 4:43 PM (in topic “Hello - New to Forum”)

Hello - New to Forum:

The arrangement was EOW every fortnight - no school holidays and that was because both hubby and I worked full time (I am now home full time).

Re the ATI, hubby's for 07/08 is going to be $47500, the ex's, we estimate from her job (which she is not declaring) to be around $30000.  Her benefits shown on the assessment are 21513.

We have thought about going round there to get the kids but she has threatened him with an AVO if he does or rings.  And this is why he now wants every thing to go through the correct channels so she can't pull these stunts anymore.  And, it would be a screaming match from her, so why put the kids through that.  We are aware that PAS is alive and well in that home.

Artemis - thank you for your reply, in answer:
Hubby's ex-wife/partner has received the letter from CSA and it has shown that her benefit drops under the new scheme?
Yes, exactly what happened, her maintenance would drop if hubby continued to see the kids EOW every fortnight.

Hubby and ex were on a private agreement?
Yes, not filed with the court

Her reaction has been to stop contact to up the Child Support?
Yes, she stopped access at the beginning of March and informed CSA father has no contact or access.

They are currently in mediation.
Hubby attended the first counseling meeting today, will get one on one letter for appointment in two weeks.

The first thing to understand is - what does Hubby want? This dictates the best path to take.

1) same time with kids, paying child support at whatever CSA tells him it should be? or

2) less money to ex and more time with kids?

More time with the Kids - EOW every fortnight and 1/2 school holidays.  The money is not the issue, but he is angry that she is using it as an issue and in turn the kids to ensure she doesn't lose money.

Hubby sent her a letter yesterday by reg post outlining what he wanted and informed her he was starting mediation with a view to court orders.  He also told her this on the phone in March and she laughed and said she hoped he had heaps of money because he would still not get to see the kids.

How to I get to SLR?

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Post #12804 by himandme on July 2nd 2008, 2:26 PM (in topic “Hello - New to Forum”)

Hello - New to Forum:

Hi Mike T
Thank you for the welcome.

Re the maintenance and access problem.  Hubby had been paying maintenance every week without fail for 10 + years via private agreement.  In June last year we moved and never having had anything to do with CSA apart from receiving the yearly assessments we didn't notify them of the address change.

The mother rang here one night in early March, screaming at hubby - as she does.  And she told him that no way was her maintenance going to be reduced because he had the kids every second EOW, she told him the kids didn't want to see him again, then it came out that it was her that didn't want them coming over to ensure that under the new legislation that her maintenance would not reduce.  She then informed CSA that hubby had 0 contact with the kids, which was untrue.  The funny (well maybe not) part of all this was that he had no idea of what she was going on about because he had not received the letter from CSA informing him of the changes because they didn't have the new address, but the penny dropped when he got online and did some research.  And, if she had not made that phone call he would have continued having the kids every second weekend and paying her the same maintenance he had always paid because he had no idea of the upcoming changes.

She then instructed CSA to collect the maintenance and forgot to tell them that he was a month ahead so when she did that he didn't send her maintenance for one month, thereby bringing it up to date, but she is claiming she has not been paid for that month. We have the proof to show she has been paid correctly but CSA are not easy to deal with.  She has also forgotten to tell CL that she was in a defacto relationship for 8.5 years and continued to collect full benefits and has also forgotten to tell CL and the ATO that she has been working for at least the last 2.5 years.  We can see this to be the case by the assessments and the benefits she is being paid noted on there.

The children are 10 and 15 now.

Sorry - what is an ATI?

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Post #12798 by himandme on July 2nd 2008, 1:24 PM (in topic “Hello - New to Forum”)

Hello - New to Forum

Hi

Hubby has been separated for 10+ years and with the new CSA changes which started on 1 July 2008, the ex wife has said that her maintenance will not decrease so therefore the kids will not be seeing their Dad to ensure her maintenance does not go down.

he has not seen them since she stated this in March, so now he is taking steps to get his access back.  His mediation started today.  I spoke with CSA yestereday and found out that the mother had informed them that the father had 0 access and they told me that the only thing they would take into consideraton re what access he had was Court Orders, so it looks like we are off to Court.

I spoke with a lawyer yesterday who told me it could take up to $10K to get these orders for access in place - ouch!  So he is going to try and do as much as possible on his own and possibly self represent to try and get access to the children again.

That is our story in a nutshell. :P

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