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  1. #1
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    Default Child support

    Hi everyone
    Looking for some CS advice please.

    My son is 8, and my ex has been a perpetual student for all of those years. He had one job on the books and paid maybe $200 in child support. When DS was about 2.
    Apparently because he's a student living off Centrelink, he doesn't have to pay any child support even though I have 85% (or around about that) care and am a stay at home mum to my 2 younger children (to my husband, but I was told that his income doesn't come into consideration when it comes to child support)
    I receive partial Centrelink payments and part payment carer pension as DS has some pretty serious health conditions too.

    I've had people say that he has to pay a minimum but the assessments always say he doesn't have to....

    Anybody been in a similar situation??

    Thanks in advance

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    It's assessed on both of your incomes (paid work that is). If he's not actually working, and is living of government payments, then his 'zero' calculation is most likely correct.

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    Yeah, I think that's probably right, unfortunately. When we started sorting out child support years ago, our first assessment was wrong, and it came back as zero. From my understanding, both parents are allowed a "self-support" amount, which is around $22,000 or something. And then any earnings over that are then used to work out child support.

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    My partner is unable to work due to medical issues and we are both solely on centrelink and he is still required to pay a minimal amount of child support per fortnight.

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    The small amount of care he provides reduces it to $0. If he had no care of the child he would have a minimal payment but with even every other weekend he is recognised as providing some items and care of the kids.

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    Thanks for all of your answers.
    Gosh that's frustrating this financial year he has 5 jobs (according to his posts on Facebook) so I suspect he'll be in for a big reality check when the next assessment comes along.
    On a positive note he's agreed to pay for half of DSs swimming lessons now.

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    If he is only on Centrelink he will still be required to pay for a small amount. I've just gone through this with exh. I've gone from getting $1200 a month to $32 a month as he has decided to be a bum and work a crappy job while his gf supports him.

    As for your ex having those jobs if they are cash in hand he won't declare it and or if they are legit and he gets a group certificate he can't be forced to do his tax return which where csa will make the assessment on how much he will have to pay

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    When my ex was getting centerlink payments only, (I have 100% care of 2 kids), the assessment came in that he had to pay me $5. If he had have had the children at all, the assessment would have been $0.
    So, if your ex is only receiving centrelink benefits and has 15% time with your son. The $0 assessment is correct.

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    Quote Originally Posted by Frittlebitlazzled View Post
    Thanks for all of your answers.
    Gosh that's frustrating this financial year he has 5 jobs (according to his posts on Facebook) so I suspect he'll be in for a big reality check when the next assessment comes along.
    On a positive note he's agreed to pay for half of DSs swimming lessons now.
    If I was in your position, I would lodge a CSA change of assessment form:

    https://www.humanservices.gov.au/customer/forms/cs1970

    Citing reason 8 - the assessment does not reflect the parent's income and use screen shots of his facebook as evidence he is earning money.

    I would not depend on him lodging a tax return and having CSA sort it out at the end of the financial year. He is most likely working cash jobs that will never go reported. In addition, if he does lodge a tax return, CSA will probably only adjust next years amount and will not require him to backpay you for this financial year. (I'm not clear on the rules regarding this, I get a different story from everyone I have spoken to at CSA). However, I do know for sure that if you lodge a change in assessment form, he will be mandated to backpay you from the date you lodge the form.

    Just because I'm a biatch, if I suspected he was working cash in hand and was receiving Centrelink benefits I would also be dobbing him into Centrelink.

    The nil child support on 15% care is correct unfortunately. If you had the children more than 86% of the time you would be deemed the primary carer and he would be assessed at having to pay something regardless of his low income.

    The level of care split you have is referred to as regular care and if his income dips below a certain level he will be assessed as paying nil. CSA make the (often incorrect) assumption that he is spending money on the children while they are in his care. If you can prove through the special assessment process that his income is more than he is reporting to CSA, he will probably be required to pay you something.

    https://www.humanservices.gov.au/cus...rt-payments#a1


 

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