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Private agreement to CSA collect

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chochang View Drop Down
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  Quote chochang Quote  Post ReplyReply Direct Link To This Post Topic: Private agreement to CSA collect
    Posted: 10/April/2017 at 13:01
The scenario is that we were having SD 50/50 and my partner and his ex entered into a written parenting agreement (we know this really carries no weight in a legal sense) that both parties agreed upon and signed around September/October 2016. It was to be revisited again at the same time this year.

Two years ago, the ex decided upon the public high school that SD would attend and enrolled the child without any input from my partner. The ex also got the child a phone for Xmas 2015 and it's on a prepaid plan in her name.

The parenting agreement involved the ex waiving child support payments and he would go halves in schooling, medical and extra curricular costs going forward. The waiving of child support payments was as a result of my partner suggesting that if they were going to go 50/50, she should claim all income including her cash income from the markets and skimming cash from her business (for which she is paid a management fee). She stammered a bit and then said, 'oh don't worry about the child support payments'.

The agreement was drawn up to include my partner going halves in all public school expenses, medical, extra curricular (as agreed upon) and medical expenses and a halfway meeting point for drop-offs on non-school days. Both parties signed off on this.

This was as a result of the child having anxiety around a bulimic sibling who has since moved out. The child asked my partner if it was ok to come for fewer days each fortnight, i.e. Thursday to Sunday nights. He agreed and stated it was a trial and to see how it went. This has happened for a few fortnights now, but nothing has been discussed between the parents.

Today my partner receives a message from MyGov stating that she has contacted CSA on 27/3 asking for CSA to collect due to the change in care. At no time, has she contacted my partner to discuss the permanency nor has she given him the heads up that she would contact CSA. He has a few days up his sleeve to respond. He is going to give them as much information as possible in relation to undeclared cash income, employees being paid partially in cash "so that they can still get money from Centrelink" and also sharing a house with her son who was on benefits, her eldest daughter and husband and their child.

My partner is going ask if an estimate can be used for income for the remainder of the financial year as last year's income was increased due to extraordinary overtime due to some big projects that his work had on. These haven't existed at this stage and there is nothing like that coming up in the foreseeable future. Her income has decreased by approximately $2K per year over the last three years and it really shouldn't have. She is paid a management fee from the body that she manages/operates a staff cafeteria for. Should he ask for a Capacity to Earn Assessment to be undertaken to have her income estimated correctly or is that something that comes after the initial assessment comes out?

I also have a dreadful feeling that she may simply say that he hasn't paid since last year and will say he has a debt and they'll chase him for money we don't have.

We are trying to get all our ducks in a row before he contacts CSA. Any advice, ideas would be appreciated.

Sonata View Drop Down
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  Quote Sonata Quote  Post ReplyReply Direct Link To This Post Posted: 11/April/2017 at 05:32
Is this the first time CSA has been contacted for an assessment?

chochang View Drop Down
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  Quote chochang Quote  Post ReplyReply Direct Link To This Post Posted: 11/April/2017 at 06:21
No. Prior to the private agreement, an assessment was already in place. It was a private collect and was paid weekly without fail.

emca01 View Drop Down
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 11/April/2017 at 07:39
The good news - NO Back pay.. CSA will collect from time of her application.
The Bad News - don't bother dobbing her in. CSA collect child support based on tax returns - that is all they do... They will tell you to take it to the tax office. WASTE OF TIME.
CSA will look at information so if there is a business website OR if she drives a Porsche but claims to be poor.

BETTER idea - next time kid comes to your place tell her that you think it best to resume 50/50 care as it is causing some problems. Hopefully child will agree.

IF not - then accept child support gets paid based on % of care. As the care has changed so have the payments.

chochang View Drop Down
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  Quote chochang Quote  Post ReplyReply Direct Link To This Post Posted: 11/April/2017 at 08:24
My partner is going to query a couple of things and see if he can have payments based on his estimated income at the very least.

The child has always been allowed to call the shots in regard to time spent. My partner and his ex give in all the time. The hardest thing about this situation is that this woman doesn't have the courtesy to contact the father of her child in regard to changing things.

My boys who are 15 and 9 have no deviation to time spent between myself and their dad unless there are extraordinary circumstances as we make the decisions together in regard to their care.

chochang View Drop Down
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  Quote chochang Quote  Post ReplyReply Direct Link To This Post Posted: 11/April/2017 at 09:14
Will she be responsible for state school expenses now that she will be getting child support again? She enrolled the child and signed the enrolment form without any input from the father.

emca01 View Drop Down
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 12/April/2017 at 07:10
yes - she will be responsible for the school expenses.
So you still have the kid Thursday - Sunday? and half school holidays? see If the child can agree to one more night with you guys. 5 a fortnight and half holidays makes a big difference to family tax benefits and child support.

chochang View Drop Down
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  Quote chochang Quote  Post ReplyReply Direct Link To This Post Posted: 12/April/2017 at 13:58
I'm not sure she would agree to extra as we have to factor in training for sport on one of our nights that is near her mother's place. We are 42km away.

We don't qualify for FTB at all but the reduction in actual payment to the mother will be helpful.

Not sure how to broach the fact that she is self employed and her income is decreasing each year when she is paid a management fee for the business.

Irish View Drop Down
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  Quote Irish Quote  Post ReplyReply Direct Link To This Post Posted: 17/April/2017 at 08:28
my partner got a letter aswell from CS asking for direct collection even though she always got her payments. I wonder if it was because of something she could claim elsewhere.
my partners ex told him she wanted to send their son to private school and was asking for more money. we cant afford to give her more. She gets child support and that is it.   It is 1400 a month though and its down as 0%care even though its more because its not above the 35%.
we were looking at the capacity to earn assessment too but she earns so little its under the self care threshold anyway so it probably wont make a difference.

I would stop all other payments and get CS to collect direct from you. If you are all happy with the time from thursday- sunday then let that happen. If not, do as Emca suggests and speak to his daughter.

Willo View Drop Down
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  Quote Willo Quote  Post ReplyReply Direct Link To This Post Posted: 18/April/2017 at 02:18
Also if it's within 3y of separation your partner could ask for the overtime to be excluded from income. Look up "post separation income" on the DHS web site

chochang View Drop Down
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  Quote chochang Quote  Post ReplyReply Direct Link To This Post Posted: 18/April/2017 at 06:31
They've been divorced since late 2014. Does that count?

emca01 View Drop Down
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 18/April/2017 at 10:10
he could try - give them a call. BUT it is from time of separation, so I doubt it.

chochang View Drop Down
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  Quote chochang Quote  Post ReplyReply Direct Link To This Post Posted: 18/April/2017 at 11:32
Thanks for your responses.

He has contacted CSA and said he is disputing her claim. He explained that the assessment is based on the last financial year which involved extraordinary overtime. The CSO said that she could see that it was very different to the previous years and he has given her a YTD estimate which she says that they will more than likely use. He advised that he is disputing her income and explained the skimming of cash from her till that she did when they were still together, and has also advised them of her cash income from the markets that she has/does work at. She says she has disclosed all of this to the ATO - if that's the case, why is her income decreasing each year? In my mind, why work more for less? It doesn't make sense.

Anyway, the dispute team is handling my partner's response, so hopefully the amount payable will be reduced from almost $200 per week.

Another thing that is completely underhanded is, she contacted CSA on 27 March regarding the apparent change of care. She has NOT contacted my partner to discuss this becoming a permanent arrangement. This was explained to CSA as well. In between 27/3/17 and the date of my first post regarding this topic, she had been communicating with my partner regarding halving fees for the child's sport. I can't believe the slyness of chasing him for half of that, but not having the decency to advise that she had been in touch with CSA. Do you think that he could claim the half costs that he has paid to her from the normal CSA payments if it is backdated from 27 March 2017?

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  Quote Irish Quote  Post ReplyReply Direct Link To This Post Posted: 18/April/2017 at 11:58
You could try I guess. Contact CS and put in the evidence of the payments for the sports stuff but if child support start the payments from the day of their decision (which may be once they have made a decision then it probably wouldn't matter. just stop making any payments to her directly for anything.

that's what we do now. its all done through monthly collect and if she complains about things being more expensive the its tough, you wanted to do private collect so live with the consequences.
fingers crossed they find in your favour for both the income amount for your partner and the assessment for her.

emca01 View Drop Down
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 19/April/2017 at 11:17
it is dumb - BUT the ex has to agree that any third party payments - such as sports stuff is in lieu of child support and as such CSA should reduce payments by the agreed amount.

She isn't gonna agree. Why should she. She wants your partner to agree to half sports fees and then he also gets hit with more child support on top.

My thoughts - tell her that he accepts his financial responsibility for the child in accordance with the Child Support Agencies rules. Look it is heaps easier to just let CSA collect. I've experienced some pretty dodgy dishonesty from my ex. I agreed to pay dental bills and health fund on top of CSA. I didn't realise that single parents were entitled to free dental up to $1000 a year per child... So the kids got their dental done for free. She gave me statements receipts for dental work done on HER teeth. Lesson learnt.

chochang View Drop Down
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  Quote chochang Quote  Post ReplyReply Direct Link To This Post Posted: 19/April/2017 at 11:47
I'm not sure she would have the smarts to work out that these extra curricular activities are sometimes able to be taken in lieu of child support. In any case, most of the activities are done on the other side of town where it is difficult for us to get to at times due to other commitments. They're always only worked out based on her location and most often half-truths are provided to us about costs/when/where these things are undertaken. It's frustrating. Maybe silence toward her should be observed in regard to extra curricular stuff. He can simply say he's not going to pay for it can't he?

This is just the thing...she's not aware of the free dental care available to Qld school age children.

emca01 View Drop Down
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 19/April/2017 at 13:39
Just pay child support. Keep it real simple, refuse to talk to about money and tell her to contact csa and if they think she has a case then you can pay it thru them.

chochang View Drop Down
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  Quote chochang Quote  Post ReplyReply Direct Link To This Post Posted: 19/April/2017 at 14:35
Good idea. I expect that by now, she would have been contacted by them regarding the dispute of the assessment. It's such an awful business to have to go through.

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  Quote Irish Quote  Post ReplyReply Direct Link To This Post Posted: 19/April/2017 at 14:52
Yep agree! just let CSA do the collect and no other money passes hands, then if she asks say that is what child support is for, you wont discuss money with her anymore and she gave up the right when she contacted them without a word to you.

my husbands ex did just tell their son that cos he wont pay for private school, he probably wouldn't be going. never mind that she told son that he was going there before she even checked if we would contribute to the cost. so son wouldn't talk to him for a couple of weeks and didnt come over. such a horrible thing to do.

chochang View Drop Down
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  Quote chochang Quote  Post ReplyReply Direct Link To This Post Posted: 19/April/2017 at 15:45
We specified in the private agreement that communication was to be between the parents and the child was not to be used as a messenger. This woman has disregarded that entirely. She's so dishonest, I don't know how she can lie straight in bed.

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