Family & de facto law, financial agreements, consent orders
Definitely look into disabilitylaw as provided by Joe to see if they can offer something..
I think as far as your assessed monthly payments of $1200 you should be able to lodge a change of assessment under reason 7 (Necessary Commitments of Self-support)... It appears to me that you would have more than enough regular ongoing health costs to justify a successful COA... See link below for info.
2.6.13 Reason 7 - Necessary Commitments of Self-support
The lump sum payments that were received is a bit more tricky... Technically, the CSA is acting within the act to include them... On the other hand it seems to be unfair to you given that the assessment period for this child is near it's end (being 17 years old)
It's a pity you weren't given some financial advice regarding leaving the super in the fund until after the child turned 18 which may have resulted in a much lower 'debt'...
That said, if you have sought some sort of review from CSA & been unsuccessful, you should be able to seek an external review via the AAT... See link below
4.2 External Review Applications to the AAT
The other option of course is to come to some agreement with the payee if possible..
In the interim, ensure that your husband is not holding money in any bank accounts in his sole name, as the CSA can issue a notice to those institutions to pay the amount of any debt..
Thank you for taking the time to respond and for your advice. I will definitely look into an appeal through the AAT. Iâ€™m getting worried that Weâ€™re going to get stuck with this debt ðŸ˜žðŸ˜ž
I just donâ€™t understand why my husbands disability insurance and super can be used to give to the other parent! What if he didnâ€™t get sick she wouldnâ€™t have seen so much money...ever.. so what right do these government leeches have trying to extort money from us knowing full well my what my husband has been through.
By the way, his ex was apparently cheering saying she deserves every cent and has used this money and us objecting to pay it against his kids saying things like â€œI canâ€™t afford to buy you a car or send you to tafe etc, your dad has all the money and owns his house etcâ€ for 14 years she has poisoned their minds against him for no reason other than being spiteful that he divorced her.
I just donâ€™t understand why my husbands disability insurance and super can be used to give to the other parent! What if he didnâ€™t get sick she wouldnâ€™t have seen so much money...ever.. so what right do these government leeches have trying to extort money from us knowing full well my what my husband has been through[/QUOTE]
Yes I fully understand your feelings..
The CSA is acting as they are required, ie, if the lump sums are taxable income & fall within an assessment period, it is to be included as income for the purpose of calculating CS...
That said, the act also talks about endeavors to make allowances for 'special circumstances' where one party may be put in an 'unjust' situation... Hence the act has within it 10 'special circumstances' that CSA will consider in changing an assessment
That's why I think reason 7 (as in link in previous post) relating to the high cost of medical care, should be relevant in your case..
Now that would only affect your current assessed monthly payments not the debt as a result of the lump sums... BUT... if you were to seek that change & be successful, I believe it would give you a much better chance of the CSA or AAT altering the assessment period in which the debt was accrued & perhaps then adjust it... I doubt the debt will be totally extinguished..
"Our account with CSA went from no debt to $120,000 in one month! "
Did your children from the previous marriage suddenly will the CSA lotto? Why on earth would the children require such a huge sum of money just for daily living expenses?
Are the children living in a luxury resort?
I wonder if any of the sensationalist media organisations will take on your story because its basically legalised robbery.
Something does not make sense.
For 1 child, 17 years old, the maximum annual CSA is $28k. - I cannot understand a debt of $120k.
I do agree with super etc being included as income,. Before withdrawal of funds - you should have seen a financial advisor who would have explained your options and the implications of doing such.
You might have a legit reason for doing so - but others will use this as a loophole to minimise their annual income & defer to lump sum payments.
Someone had already pointed out a â€œchange of assessmentâ€ based on circumstances. Horwever, it is likely that last lump sum payments will also be taken into account to meeting current ongoing expenses.
Iâ€™m sorry for your situation, and hope you can get a resolve sometime in the future.