SA backdated child support

[twowrongs]

Hi I was just wondering - my son and his ex have separated nearly 4 years ago - they have a child together since September 2018 th3e ex applied to centrelink for maintenance and now has since been taken out of my sons income each week ( I think a better way to go ) BUT now the ex is threatening to go to centrelink to try to get him to back pay child support from the day she left him can this be done up until the date of application
thanks

 

[Cairns123]

I am in the mix at the moment and if she were to go to Centrelink, they would send her to CSA. CSA cannot do an assessment past 3 months or 9 months in very exceptional circumstances. She would have to file with the courts for an order for CSA to go back beyond the 3 months and if they did find that she was owed $xyz then it is then up to the father to pay it - but CSA cannot enforce the payment if it was private collect at that time and additionally, Centrelink would look at her payments and if she received any payments during that time (Fam tax for example) she would be deemed overpaid and would have a Centrelink debt regardless if the father paid or not. Further more, for her to enforce the payment if CSA find that he owes (this is after she has got an order from the court), she would then have to file with the courts to get an enforcement order of some kind. So it wouldn't be worth her while.

 

[twowrongs]

Oh ok - so the other bit to this matter - back when she left my son she said if she took more % from Centrelink for benefits then she would not make him pay child support - so over 3 years she collected benefits from Centrelink ( under really false pretences ) my son got letter from centrelink bus it was as if private collection - then she bought a car ( we believe that she was struggling with payments ) and then started to turn B....CH so she then made application to centrelink for collection - my son got a little bit behind in payments but did give her a $ 200 and a $ 300 cash payment she recorded the $ 200 to centrelink but is refusing to record the $ 300 and says she will not she will class that a backpay for child care of which she put the child into child care on her day of care as she was working - and if she does contact centrelink on the $ 300 she will go for backpay of child care costs and back pay child support from when she left until the date of application ( September 2018)

 

[Jake Matherson]

The short answer is make sure that CSA are collecting directly from your son. Don't do a private collection with this person it will only cause difficulties as i'm sure you're aware.

Your son is not obligate to pay anything over and above the assessed CSA amount. He can give her additional money if he would like as he wants to help the kids however she can spend that money however she likes and doesn't have to spend a cent on the kids. I suggest not doing this.

All these threats of backpay this and backpay that will probably go nowhere.

He is not liable for any daycare costs that she incurs. That is what child support is for as well as family tax benefits she will be claiming.

Make sure your son pays his child support in full and on time and there wont be any issues.
If circumstances change such as how much time he has the kids or how much he earns you apply for a re-assessment and them have them collect the new value.

My comments are based off reading other posts on this forum. Use the search function and you will stumble across them also.

The amount of effort she would need to go to over $300 to have anything meaningful done simply isn't worth it.

 

[Scruff]

Under the law, Child Support is payable from the date the application is made. It can not be backdated.

If there were private arrangements in place prior to the application being lodged, then that has nothing to do with Centrelink or CSA and they can not take any action in relation it.

 

[twowrongs]

Hi scruff they were private arrangements before application being lodged - and now Centrelink are collecting directly from my sons bank account

 

[twowrongs]

jake matherson - What does CSA =stand for - is it for child support agency ???

 

[Jake Matherson]

jake matherson - What does CSA =stand for - is it for child support agency ???

Yes.