WA Challenging a Child Support Assessment

[LovingDad1973]

Hi (me again )

So I pay CSA via the direct deduction by CSA from my salary.

Last Nov final family court orders came into play that changed the care arrangements of our children

I have my children for half the school holidays plus 5 nights per fortnight during school term.

However, my CSA assessment gives me 130 days i.e. 5 x 26 weeks - no allowance given for the extra time the girls are with me over the school holidays

I calculate the CSA assessment should give me 142 days to take into account the time over the school holidays

I have uploaded the Family Court Orders plus detailed calculation workings to the CSA

However, my ex-wife just objects to my calculation and the CSA seems to accept her calculation even though it's clearly incorrect.

The CSA will only speak to me via the phone (no face-to-face) and when I speak to them the CSA people tell me to leave it with them and then after a couple of months, I receive another letter from the CSA stating the same incorrect assessment calculation.

Can I contest the CSA assessment to someone other than CSA?

BTW: I am happy to meet my commitments and pay the correct amount even though my ex doesn't use it all on the care of our daughters. Also, I pay for extra costs private health and ambulance cover, which is on top of the CSA amount and am happy to buy things like clothes etc when the girls are with me.

Thanks

 

[sammy01]

130 nights is still 35.4% care. I'm assuming your concern is because once you get above 35% care the rate gets reduced and you may be able to access family tax benefit?
Paying health insurance means nothing here.

12 nights - that is what you're fighting csa about... As far as how that would impact CS... Maybe $5 a week.
So the other thing to understand is they don't do the calculations like this - 20 school fortnights x5 + 6 weeks school holidays x 7 days.
What they do is go through a calendar circling the dates from the time you apply because of inconsistencies. So madness, but my ex thought she was on a winner. I agreed to have the kids dropt off with her on the mornings after my nights. So I had the kids Wednesday nights and alternate Friday-Mon morning. I pick up from school BUT drop them off with HER in the morning WTF? But hey I got 5 a fortnight, yay... See she asked CSA to calculate the time the kids spent with each of us in hours per year, not nights. WTF???? Because I dropt the kids off with her in the morning before school, the school hours were calculated as time with her. This was all to try and screw me over for child support and maximise her FTB...

Short version, Easter, leap year and someone on my side at CSA that could see it was a scam. So no matter how I did the math in hours, I could never get near 35%. 33% was as close as I got. But with it being a leap year, with easter falling outside the school holidays, with father's day landing on a weekend that wasn't normally mine and mother's day falling on a weekend that was normally hers and and and - I got to 35%...

Short version, post the orders here. Word for word, no names, just the bit about spends time with dad...

Next - Yes you can appeal CSA decisions. You need to get onto this, there is a 28 day limit. If that don't work, then there is the Administrative Appeals Tribunal... But let's leave that alone for the minute...

But - what is the point? Check the care % on csa paperwork. If they are giving you 35% care then you're only fighting over the 12 nights difference, maybe it isn't worth it.

 

[sammy01]

oh wow... Oh, dear.... You need a hug...
I just realised that you're the punter that needs a dog, not much luck with women...
I'm only guessing here.
So the ex has claimed you didn't see the kids for XXX of time and sought a change of assessment based on the fact that you were under investigation and possibly a risk. Now I am only guessing here ok... But has this all come up recently, as in since she withheld the kids?

I'm guessing CSA are not telling you anything about how they made this decision so they can protect ex wife from further outbursts from you (I know, I know, come in tight for a hug).

So in my example above - the difference between 34% and 35% was huge. I picked up family tax benefit and rent assistance, the ex lost heaps of ftb and child support.
But - if you're still at 35% care, I'm not all that sure if this is a fight worth having. But again, I think I need more detail in order to be confortable that my advice is accurate.

 

[Tremaine]

After you’ve gone through the objections process with CSA and the result still isn’t correct, then you can file an application for review by the Administrative Appeals Tribunal (AAT). It’s free to do so.

The AAT for us was an easy experience. My partner and his ex didn’t agree on the care calendar as worked out by CSA based on their parenting orders, so both the ex and my partner provided their parenting orders and their own calendars to the AAT, and the AAT explained how the legislation applies and what the care calendar would be accordingly. It was a fairly informal process and nobody is allowed to have a lawyer, which took away a lot of the contention. The members of the AAT are also very objective, which hasn’t always been our experience with the CSA, so I highly recommend going through the AAT.

 

[Step2Three]

If you're going to pursue the matter, first step would be to submit a formal objection- download an objection form or go through mygov, rather than getting the run around on the phone- the story there will change every time your ring. My husband had the same issues after family court orders were made, with the payee telling CSA that there had been no increase in care, which of course they believed despite being sent orders to the contrary. As well as submitting your orders, and your calendar/calculations, it might be worth submitting any additional evidence time you've spent with the kids- we submitted things like receipts from health appointments, boarding passes from holidays, emails about drop off/pick up- although since it's only a small incremental time it might be hard to find evidence for those specific extra days- in our case it would have been impossible to have the evidence trail we did if it were only every other weekend as she had told them .

 

[LovingDad1973]

oh wow... Oh, dear.... You need a hug...
I just realised that you're the punter that needs a dog, not much luck with women...
.

Haha thats me

I am obviously a glutton for punishment as I am currently seeing a new lady. She seems awesome but with my luck, the next FVRO could just be around the corner

Still I would prefer to have a positive outlook on life!!!!!

 

[LovingDad1973]

I calculate (using Child Support Estimator) the difference of an extra 12 nights would equal almost $150 per month extra Child Support that I am paying my ex. This is $1,800 per year and would go a long way to helping pay for the school fees, which my ex insists I pay on top of CSA.

And 130 days can't be correct as its equal to 5 nights per fortnight, not taking into account the extra time I have the girls during school holidays

Don't get me wrong I believe its my responsibility to provide for my children. I have offered to pay for ALL expenses related to our daughters but my ex prefers to go the CSA route and then skim off the top. If she is going to go that route then I would like the calculation to be correct.

 

[LovingDad1973]

Anyways the wording from the Family Court Orders.

3. The Children spend time with the Father during school terms as follows:

a) In week one of the two weekly cycle from the conclusion of school on a Thursday or 4pm on a non-school day until the conclusion of school on a Tuesday or 3.00pm on a non-school day with the Father's time to commence on 22 November 2018; and

b) In week two of the two weekly cycle from the conclusion of school on Monday to 6.00pm with the Father to deliver the Children to the Mother's house at the conclusion of the time

4. The Children spend time with the Father during the first, second and third term school holidays for seven days of the said school holiday periods at times to be agreed by the parties in writing fourteen (14) days prior to the commencement of the school holidays and failing agreement in writing of the parties from 9am on the first Saturday after the school breaks up until 9am on the Saturday seven (7) days later and with the Father's other contact to be suspended during the balance of the said holidays.

5. For the Christmas school holidays the children spend time with the parents on a week about arrangement. In 2018 and each alternate year thereafter the children spend from 9 AM on the first Saturday until 9 AM on the second Saturday with the mother and with the father from 9 AM on the second Saturday until 9 AM on the third Saturday and alternating each week thereafter. In 2019 and each alternate year thereafter the children spend from 9 AM on the first Saturday until 9 AM on the second Saturday with the father and with the mother from 9AM on the second Saturday/9AM on the third Saturday and alternating each week thereafter.

 

[LovingDad1973]

So I see that as

(5days x 20 weeks) + (7days + 7days + 7days) + (7days x 3) = 142 days

(School Term) + (1st School Holidays + 2nd School Holidays + 3rd School Holidays) + (Christmas Holidays which are 6 weeks long of which I get half)

The calculation seems fairly clear cut to me but if I am missing something I would appreciate someone putting me straight

 

[sammy01]

oh wow, that is some pretty big coin....
ok, so call csa - lodge an appeal AND ask for something in writing to confirm they have lodged an appeal. You'd be amazed how easily they stuff things up.... Hence wanting it in writing.

If that don't work, then go to AAT. Mate, you'll have no issues with them.
NB - If it goes that far, they will backdate to the date of your original appeal to CSA.

True story, The kids live with me. The ex asked for some extra time over summer so she had 4 weeks. I agree (softy).

But we had moved house and since the ex doesn't pay child support, I didn't notifiy them of change of address. I missed their calls. They don't leave messages. So anyways, she has claimed 100% care and the first I hear of it is when I notice my pay had been garnished. WTF?

I call CSA - to be told "I need to take responsibility for my kids." Eventually, some twit tells me I can appeal and the ex will have to pay me back. Oh, ok. She is yet to pay me back, csa refuse to try and force her and the last time I bothered it was suggested that I should just gift that $1200 to her. As with the story above about them agreeing to do the calculations in hours not nights like normal people - the moral to the story is CSA get it wrong. LOTS.

But that is why there is the AAT. Story time - cpt 2. Went to csa - I won the appeal on this hours BS. So she took it to AAT. She cried. Was told to grow up... She claimed she was the victim of DV. Was told that was not relevant. The issue here was to do with whether or not the correct decision was made according to the rules... She appealed to the female hearing the matter by reminding her of the importance of the sisterhood. WTF?

Mate make the appeal. You've been getting pretty beaten up lately. If you don't win at CSA, you will win at AAT. You need to have a win once in a while.