Child Support — What does it all mean?
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Who wants to be dictated to by the State on how you support your children — what, how and when?
Whilst many views float around arguing for and against child support, most decent fathers and parents would argue the issue is not whether or not they wish to support their children, but rather the often unfair conditions imposed upon them.
Simply, it's an attack on the nature of a father's freedom and how he best wishes to raise and support his children in the many different ways a responsible father can, which are often more effective and benefical to a child than any 'slap-bang' instrument of government and statism can ever be.
For a father going through separation/divorce, experiencing the loss of family and children, horrendous false allegations, litigation, uncertainty of where your children are and how they are doing, often causes ill health, work and life instability in so many ways. Also, the effects from not having a fully functioning and emotionally present Dad in a child's life can be equally, if not more devestating as their development can be hindered considerably.
Then if that isn't bad enough, along comes an assessment from the Child Support Agency (CSA) for an outlandish sum of money based on your capacity to work at the highest rate when you were fit and able and on fire, which is possibly a stark contrast to where your financial position is today, or will be in the future if you are unable to recover from the upheaval of a traumatic separation that's often compared to a fate worse than death.
From 2006 CSA powers in Australia have increased to not only garnish your wages, but directly withdraw from bank accounts any amount they deem appropriate, siezing assets of any sort to pay the often highly questionable and unjust debts. As Fathers are assaulted with such draconian measures, one can only feel a sense of dictatorship giving rise to a totalitarian society — not a free Australia — causing fathers to unite and fight for their rights and freedom.
As there are many issues surrounding child support and the effects upon fathers, children and families,
Share your opinion and experiences about the pros and cons of child support,
lifting the veil on a most horrid part of family breakup!
Start writing a comment now...
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Bryon and annon yeah there are several tricks and loopholes mothers can use to keep the children from the father, in my case my ex changed the childrens schools without even consulting me and i filed an urgent court order to resolve the issue and had the court return my documents saying it wasn't urgent. And yeah if she keeps the kids from you she will get more money from child support and CSA don't care about that, they will just ask who has them.
I have a question about income estimation. I have submitted an estimate online and CSA say they cannot accept it without talking to me first. is this true? I talk to them and they cannot be civil. therefore i have no interest in verbally communicating with them. can they really reject my estimate on this basis? I have simply told them i am not available by phone and to communicate via email/snail mail.
Just a simple question but probably not easily answered.
I have reached 'preservation age' and are enititled to retire (age 57). Can I retire and declare my assessable income as it is i.e. my pension (self funded) without due recourse?
My understanding is the 'X' can lodge a objection that I have deliberately 'steped down' defined as 'earning capacity' in the legislation. However retirement is available to ALL normal people who have not made such a grave mistake as getting married and having kids.
For your information I do have a range of evidence on health grounds should this all get messy - just as a backup.
Thank you
CSA told me i have to pay full child support even though she isn't allowing me to see the kids. I told CSA she is keeping them from me and all they said was go see a lawyer and prove you want your kids. So until then i have to pay full child support.
I'm all for paying for my kids, but i would love to see them. Why do i have to pay full child support because she is refusing to let them see me. She is claiming they are in her care for 100% of the time.
by Clayton Craddock • April 20, 2015 • 0 Comments
http://www.socraddockmethod.com/forgiving-38750-in-child-support-for-my-kids-sake/
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Should everyone support his or her children? Yes. Is court-ordered “child support” supporting your children? NO one knows.
Yes you can have your accessment changed to have any and all of the csa money owning from the 6 mths you were in jail you just need to have all the jail paper work and send it into csa ( keep copys ) and it take about 55 - 80 days to have it fixed.
I recently lodged tax returns for the years 2010-2014. I never bothered to update my income (because when i did, the assessment would revert to some higher amount anyway) and i assumed when i lodged my tax returns the liability would be reconciled to my taxable income. So at the moment i have a $10k debt which should disappear upon reconciliation - except..... As i am learning this is not the case!!
Come someone please tell me is there any, ANY circumstance in which i can change the assessments? For example i lodged my 2009 tax return at about $53k and then my assessment was bumped to $85k. My 2010-2014 returns were around $30k-$40k as i worked only casual/part time. So i have a CSA debt from income that didnt exist. HELP!
I also went to prison for 6 months of 2010. Can i have the assessment retrospectively changed?
Thank you
https://docs.google.com/document/d/1EvSVolE_7HsknXRR3DM_Lge0JVCobyIjJWBEvBfzO1c/edit
Email me if you want eg. if i do end up locking it down but u want to keep editing. but yeah not too interested in talking with any solicitors.
david77777777777777777777@gmail.com
email not fake i just created it for this site. That's 20x 7's :)
For the first time this current year I have been varying my income several times (making myself a smaller target). Because this Revising estimates is so bloody complicated i try doing the least nbr of adjustments. Just for your information if your taxable ATO Assessable income is more than 10% above what CSA had on their books you incure penalties and pay arrears in the next billing period. HOWEVER this is the clincher!
IF you pay too much (I know this is unlikely..) in any billing period (1 year) you DONT GET IT BACK END OF STORY.
The nice friendly Gal at CSA told me: "This is an incentive to make sure you keep tellig us when your circumstances change" Ha what a joke. These CSA laws are a disgrace! If you overpaid for ANYTHING ELSE ANYWHERE AS A TRANSACTION YOU WOULD BE CREDITIED THE DIFFERNCE. AH AH NOT THE CSA UNFUCKINBELIEVABLE!!!
Keep the dream alive and got out of this Cuntry!
Best of luck
this is the sought of direction we need..
https://docs.google.com/document/d/1EvSVolE_7HsknXRR3DM_Lge0JVCobyIjJWBEvBfzO1c/edit
There are two types of stay orders. One prevents CSA giving money to the receiving parent the other stops CSA collecting money from you, however if at then end you are unsuccessful in court to get the s107 then yes you have to pay total accrued debt.
just a quick question. If a stay order has been put into place and no further deductions will be made pending outcome of court proceedings. If this goes on for 3 months say. Does the money still get added on every week so if court proceedings did not go in my favour I am then hit with 3 months of child support over due repayments???? Or it starts clean after the court proceedings??
Any help would be great.
This would be part of an s106 application. If you are the parent the CSA is obligated by law to register the case from the date the other parent originally applied for CS which from your note is Oct 2013 They have no choice in this.
I know the other poster here has said they knew of a person where a judge awarded no cs paid for non contact but a judge cannot do that, they can set a nil amount under a notice to depart from the assessment but this would be very ubunlikely as they too are guided by the legislation. If you are the parent and the Judge awards the s106 which effectively says she can claim payments you can enter an arrangement to pay the arrears.
I am totally with you in this whole c.s issues. Just hang in there. U r not alone.
I know someone that paid child support but the mother refused to let the father see this child for whatever the stupid reason was. The father took it to court for the reason being 'why should I be paying maintenance if I not seeing the child cause the mother has personal issues towards the him. Judge ruled that he not pay anymore c.s maintenace.
just thought I would mention this. :)
I have been thrown a curveball and would love any sort of help, advice, comfort, anything at all to help. Last wednesday someone served my mother at her house where I have not lived for years asking for a dna test for a child that is 5 years old. CSA said that if it is mine I have over a year (oct 2013) of back pay and the vibe I get from all the paperwork is that I wont ever be able to see the child if he is mine if the "woman" does not want me to.
Everything I have found leads me to believe that men have no rights in this realm. Is this true?
I told you about my situation a little while ago. Update. Despite having little to no income and some casual work csa continue to add to a debt based on an income I no longer receive. I am not shirking responsibility and have moved to the uk to be with my family. The ex got what she wanted. House. Hidden assets through her business. Rich boyfriend. Me out of the way. It doesn't matter what ibsay to csa they are not interested. They expect me to pay out more than I earn!! I offered to send payslips for some casual work and the woman on the phone said that didn't matter. Strange because they insisted I send some a few months ago which I did. This was in relation to an objection I lodged. Then the woman said she could not find in my favour because it was a lower level objection to the last one. (Yes this has been going on for months) I asked to be able to respond and she said 'I suppose I can wait for that'. Later the same day I got a phone call from another bloke at csa saying that my objection had been refused and it had now come to him. During a lengthy and astonishing conversation he said to me 'you don't want to pay because she is a woman' Wtf???? Csa continue to prove to me that they have their own agenda and disregard for fathers. I tried to explain my situation and that I am suffering from depression and on medication to which he responded that I couldn't use mental health as an excuse. On the other hand they appear to wholeheartedly believe and support the lies of the ex. I hasten to add that my 14 yr old wants for nothing and is attending a private school. She won't talk to me because my manipulative ex has poisoned her against me. Just thought I'd share the love. It's no wonder you read about the tragic stories of estranged fathers in the media with this type of persecution going on. Exasperated.
Erin is right csa will take the out standing back payments that you could owe and the tax man will only send to csa what you owe you will get whats left so just make sure any back payments are up to date. Your super has to be updated every 3 yrs anyway so you can put your wife on it say 80% to her the 20% to your kids. A will can sort everything else out for you
Im so confused with the tax thing. If I am over due or am in the arrears with c.s payments c.s.a will take my tax to help pay for overdue amounts. But what if I am up to date with payments? My ex gets it?? Plz clarify
a question in general. If I die who gets my super my wife whom I am married to now or my ex thats got full custoday of our son (weren't married)
But doesn't yr ex husband work? Where would his wages go if he has no bank accounts?
So what yr telling me is that I shouls transfer our house to my wifes name??
Why does she get my tax return. This legislation is STUPID. If she can take it the when I have to pay back she can pay it back not me. How so ridiculous is this? This is utter B.S. and how will I ever know if this child is studying or has left school? C.s wont tell me. To me they arw helping the b!tch not my family.
has anyone filled in a hardship form?
Im thinking of doing this but im afraid that c.s is just gathering information to use it against me later on in life. Should I still fill it out?
Because im in the arrears by $1500 the will start taking out double of what I pay already. So its ok to feed the other child and forsake thechild thats living with me? This is soooo wrong. Can I have some guidance please.
My x deadbeat works he ownes his own bussiness but because its in the wifes name all tax is done under her name only so that = no csa payment.Im not saying to put everything in to your wifes name at all its just what my x did. If you owe back payments to csa when you do your tax they will take it to clear it up
But doesn't yr ex husband work? Where would his wages go if he has no bank accounts?
So what yr telling me is that I shouls transfer our house to my wifes name??
Why does she get my tax return. This legislation is STUPID. If she can take it the when I have to pay back she can pay it back not me. How so ridiculous is this? This is utter B.S. and how will I ever know if this child is studying or has left school? C.s wont tell me. To me they arw helping the b!tch not my family.
has anyone filled in a hardship form?
Im thinking of doing this but im afraid that c.s is just gathering information to use it against me later on in life. Should I still fill it out?
Because im in the arrears by $1500 the will start taking out double of what I pay already. So its ok to feed the other child and forsake thechild thats living with me? This is soooo wrong. Can I have some guidance please.
In terms of your ex each avoider is different but he can be held accountable for hidde income and where CSA thought they could proove it they can litigate agaunst hidde assets but this takes knowing thet system to presenrpresent a goof case.
he will also need to avoid forever if you have CSA accruing the debt.
Hope this helps
answer to your question my x gets away with not paying by having nothing in his name no bank accounts the bussiness cars or the house its all in the new wifes name so csa cant find it.Ive proven it to csa on a number of times and as it takes 55 to 85 days for them to update thier system and ask him if its true or not.The only thing your x can get is your tax when you do it. If you want to see your child or have anything to do with him take it to family court it can be done with out lawyers all you have to do is go on line and down load it from the web site and go for 110 days a year only way csa will drop payments as you will be meeting the care cost.CSA web site states that payments stop at 18 or when child is self suppoting ( working part time at 16 ) but be carefull as the x can get payments till hes 26 as long as hes still at any studying full time. My partner of 3 yrs is paying 239 a month for a kid that DNA has provin is not his but csa wont stop his payments untill it goes to court and he gets a court order forceing them to stop.
Yes CS ends on the eve of the 18th except where a child is still in high school it can be extended to the last school day within 365 days of the childs birthday.
If your income drops forca geuine reason yes you just CSA as long as your tax is up to date.
Keep your chin up. You are not alone. Keep everything in writing only. It is your right to ask CSA for this. This CSA system has covered nearly three generations of payers now, so ultimately it effects all their relatives, grandmothers, grandfathers, mothers, fathers, stepmothers, stepfathers, etc. The system that is in place at the present time is flawed and desperately needs to be amended. There was an enquiry held in Parliament last year in regards to CSA, but as yet there has been little or no reports in the newspapers that I can find. Perhaps, a letter/call to the Department of Human Services at Canberra might be the way to go.
My thoughts are with you.
How is it that I am on $52k married with one child is paying $76 pw to my ex (weren't married, short relationship) one wage with mortgage mind you. she has 3 dependants (kids including my one) and I hv been slugged with this c.s payments 10 years later. I dont see the child or hvnt seen him since he was a firsy born 10 years ago. How did your ex get away with not paying? Can this b*tch delve her greedy hands into any assets that I may have? Or even CSA for that matter ($2k debt)
Im scared for my wife and child and there future cause of all this B.S
It stops at age 18 right?
Can someone plz clarify?
I am under alot of stress. I cant even progress myself I life cause if my wage increases the b*tch gets more $$$$$.
The child is now 10 and I dint see this child so in a nutshell, my ex is getting money from me to pop out babies left right front n centre. (She is due to hv her 4th sometime this year.
we are struggling a d c.s.a dont give a rats tail. Who was feeding this child for 10 years before she filed for child support?
The system is flawed. If someone is vollecting child support payments they should not ve allowed to hv more kids, in this case another 3!! Payments should cease immediately. Its no wonder dad's take their lives because the system supports the parent getting paid not the payer.
Can someone please help with regarding if I lose my job or go under stress do I still pay or reduced payments?
And if I have responsibilities like mortgage etc. Does csa take this into account or not?
There is a minimum assessment that in the legislation must be paid. There is an application to reduce to nil but you must proove you have no access to money greater then that minimum assessment so generally for prisoners only.
My point is that the people are bound by the rules they have no wiggle room. They cannot use your income so if you were told that it is wrong! In regards to having to pay minimum if you give your partner money then he does not meet the reduce to nil requirements.
my only point is to make sure you get good information.
You should be commended on doing it yourself but your childs parent should be held to the same standard as your new partner is.
At the end of the day I don't need an explanation on CSA we have been dealing with it for a long time and my husband does understand but neither of us understand how when he was made redundant with no income coming in they still think well you still need to pay. What they are saying is screw u and your family lets give your ex who isn't taking care of your child money anyway. Again it should be 50/50 if people can't afford the child they shouldn't have them..
The current scenario sounds tough and from the information you have put here I can clarify some points.
The assessments sounds like the income may need updating following the redundancy. ThWithout his individual details hard to give you exact steps. An estimate or change of assessment might be options as from the 80% comment I can tell you this. Fron the combined income being used to calculate the payment if your husband has nil care or contact he makes up 80% of the combined income and therefore gets assessed to pay 80% of the cost of the child. It may also be the other parent has no income above above self support amount and your husband has 20% care so he is assessed as providing 20% of the costs in care and is asked to pay the remainder.
The main issue is his income and how this can be updated to reflect his current situation.
A previous comment mentioned 18% this is the Pre 1 July 2008 formula. Where you paid that for 1 child of your gross income after disregarded amount and up to 36% for 5 kids.
there are now 5 formulas since 1 july 08 with most cases being under formula one with just the childrens parents.
Robin please look into your husbands income correction options.
As far as genuinely having no money well we have deferred our mortgage and filling hard ship payments with other debts as my husband has had no income since being made redundant but CSA don't care and we have still getting more debt as he is on the minimum payment. My husband is entitled to nothing as he earnt to much and due to CSA being so helpful and making our repayments $600pw for the one child we had no savings!
I am happy i did it myself and that erks me even more when dealing with money hungry bitch's and a government that helps and protects them. We did the court rout and the judge believed his ex (who was married). Well all the issues are worse the child is still failing in school (important subjects maths, English, science and so on) and the child is 13 and is morbidly obese size 18 in ladies clothes. Tell how is our money helping this child what are we paying for oh wait it's for the mother to slowly kill her!!!! Anyone who believes CSA are not needing to be reformed has never been on the paying side of the fence. Bottom line is a man going through this is best of not trying to improve his life or start a new family as this shit comes close to tearing most families apart. Oh and by the way my hubby's ex wife is already divorced and her new husband left her for a new women I suppose karma is finally catching up to her.
Doesn't help the children another name change I believe that is 3 to 4 already. CSA is a joke it helps the dishonest and nails the people trying to do the right thing to the wall. I would never date or get evolved with a man who is still paying maintenance and dealing with an ex wife with children.
hope this helps you a bit. You still have to pay child support for your kid only if you get csa paperword it should tell you what you should be paying and the name of the child should be on it as well. Csa will go of what you pay in tax a year so every time you do your tax after the 1st of july they get updated from the tax man on what you earned.An exmaple of this is my x was on 94thou a year I was ment to be getting 1200 a month for 2 kids ( never saw a thing ) he went down to 78tho a yr I was ment to get 890 a month again nothing.Now hes on 9980 a yr I get $58 a month an shock I dont get that but even if you go on the dole you still pay I think its about 30 a month.As I said she would have to have all the other baby daddys on csa list as well just to get centre link payments
The CSA care but are limited in what they do. The $10 difference for your baby is based on your partners income only and the CS amount is based on his and the ex partners, and you are right it does not make a huge difference sometimes. The way that is calculated is not the CSA choice.
A person who geuinely has no access to money like someone in prison can have a nil assessment otherwise the minimum applies.
Erin touched on capacity to earn. If someone reduces the income and cannot establish a reason like medical or redundant etc yes under reason 8 Change of assessment the other parent can apply to have it reset to the old amount of income and is designed to stop avoidance as is capacity to pay for self employed. Under normal formula if there is at least a 15% drop in income now from last years it is a phone call to CSA but this cannot be backdated.
Erin doing it yourself and your ex should have supported your child and your current partner is doing a good thing and it is awful that he is not getting that relaltionship. CSA has been given no power under law to help this but will provide support service numbers.
there are many things you all may not even know...Agreements how they work, income that can be disregarded for three years after seperation how non agency payments work.
Learn your rights as a payer or a payee.
CSA don't car about what u have to pay mortgage ect.. They just want ur money. You are screwed as you can't quit and get a lower paying job as u have proven you can earn the higher amount and that's what your payment is based on! If you are mad redundant or fired then that is another story you can lodge a change in circumstances. As far as having another child don't as I think my husbands payments went down $10 and that is what they said it cost to raise a baby! I think not I think it is bullshit the estimate is based on your taxable income as that isn't even what you walk home with it should be based off our Gross income. Also it should be half half as the child is half the husbands/partners and half hers if she can't afford the child and be able to support her child herself then she should be handing the child over to the father who obviously can provide. Oh and I was a single mother for 7yrs I worked full time bought a new car, bought my unit and did all this by my self with no child support! And my daughter was born in 2001😊 It is a shit system that needs to be overhauled as I said to hubby and he agrees it isn't child support it's spousal support and this is off the high amount paid. Oh and now hubby's daughter hates him (she told him on the phone after we tried enforcing court orders) never wants to see him. He asked to sign his rights away and the mother will not agree (why don't they want to the child makes it clear she wants nothing to do with him) as she wants his money!! Oh and he was made redundant on December 10th 2014 and he was/is still expected to pay the minimum a month so as he is not got an income we haven't so as now accruing a debt. Oh and the bullshit they tried spinning was CSA had the hide to ask if I was working as if so they would bump his payment up.. I don't think so ain't my child and my income should not be even thought about or on their radar. One last thing the ex wife is like most has 3 children to 3 different fathers and no fathers are with her or in the child's life. That says a lot to me the children are the ones suffering under this system.
Yes I am sure I sued to work there for over 10 years. Your letter will tell you which children you are paying for and it is unlikely you would be paying for others unless you were married or signed a stat dec or birth certificate but you should check.
If your wage drops you can reduce it with CSA however the other parenr can apply for increase if she believes the drop is not geuine under CoA so if it is from stress you should have the records. No matter if she has a new partner or not and if he is wealthy or not you will be held responsible based on your income and her income with consideration of care levels to pay child support. New spouses incomes are not considered in a normal assessment.
The CSA only enforces the rules given and have no discretion for the collection of the ongoing amount even where other bills are high. They can negotiate on arrears payments but only where the ongoing is being met if not they must enforce if they can. Even the CSA cannot go outside the rules.
If your are being incorincorrecy charged for other children immediately apply for s107 and s142 order and tell CSA as the automatically puts a stay on paying her once you apply to the court. Note if parentage has been for children not yours CSA cannot stop it only a s107 and then s142 to allow CSA to collect money back.
There are many ways the presumption of parentage can be established. Marriage is one, living tongether a particular period before and after birth, stat decs, birth certificate and ofcourse s106 order from family court.
To Robins comment about 2001 an eligible child to be claimed under CS is born from 1989 and or the sibling of a child born then or after and the care level and presumption of parentage is me..this is quick summary.
Jay Jay yes CoA is fully open and the privacy laws do not apply in the same way as when you give your information you consent to the sharing. Some may say don't give it then but then the Senior case offi er cannot consider these details each parent has a right to review and respond to the others claims. CSA will genrally try to cover addresses and things.
If you do have new children they are considered in the assessment and do reduce your payment however not step children except for in limited circumstances under a CoA.
Robin is correct about Centrlink requirements and this is for the collection of FTB part A above min rate a parent must have taken reasonable maintenance action within 13 weeks of applying for the payment.
Hope this helps
The family law states that any child born after 2001 is and has to receive child support even if the parents wornt married.
Your x has to claim csa payments from you to to be able to claim centre link payments. She can go on and have as many kids as she wants. CSA looks at your income nothing else if you have a new family more kids mortage whatever it is they wont care as long as the money keeps coming in. Just make sure you are only paying csa for the kid that is yours and not the others she has
I hav learnt that child support is in favour of the collector. And will do abdolutely nothing to help us.
One more Q. A change of assessment is in the works and why in the hell is my ex allowed to see any or all documents that I supply to csa for this?? Eg marriage cert. Utility bills. Phone bills etc. I thought we had privacy laws??
Any feedback would be nice.
oh and if I earned 50k and owed a mortgage am I better off (paying less c.s) with the mortgage or without??
every case with csa is different i myself had court orders in place that stated I had to prove where the money went ( my x had a prick for a lawyer ) If I wanted the money I had to prove I needed it and csa HAD to go alone with the court orders the x made sure so of to court I went again to have it dropped way to hard to do all the forms each month.Csa make the rules up as they go its just that simple
You are right this is a hard topic- Perhaps legislation change could support this- but what is the suggestion-
Parent getting money sends receipts they are reviewed- 1.4million customer lets say 300,000 send them in. each week. How many more public servants would you hire to do that and how do we pay for that.
Then what if the payer says that's not right - should the payments change?
It would be almost unmanageable. You will note the community outrage at the basics card given to some on benefits that allows them to spend on certain items only - businesses do not want to sign up and it considered to be an infringement on peoples rights.
Now if were a more broad thinker perhaps we could lobby government and businesses to use a similar card for some receiving parents - do you think those caring for kids would mind if they could do the food, school, fuel, rent, power, clothing for kids on that - no especially those not getting paid now.
There could be improvements you are right - but you need to consider the big picture as well - how to do it and other areas of the community mot wanting such prescription.
