WA Challenging a Child Support Assessment

[Tremaine]

Your interpretation of the orders looks right to me, but check if there are other provisions for special occasions like Mother’s/Father’s Day weekend, Easter and Christmas. My partner’s orders were for incremental increases in time (4 nights for 6 months, 5 nights for 6 months, etc.), and up until the care for my partner’s daughter went to 50/50, all those extra days were taken into account in the CSA assessment. Now, they’re ignored because all parts of the orders are essentially 50/50.

When we went through the AAT, we printed off a calendar and highlighted all the days the child was in my partner’s care, as we interpreted it from the orders, then submitted that calendar as part of our application for review. Might be a good idea to do the same.

 

[LovingDad1973]

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.

Agreed. I figure the amount is significant enough to make me challenge it

So you probably never got that $1,200 back!!!!

So a little story of my own. Last year I didnt submit my tax return until early 2019. This meant that the CSA assessment was incorrect and CSA took all the underpayment from my salary in one hit. I literally was left with no cash for a whole month. I called CSA but they said once it had been paid to my ex that was it.

The CSA person I spoke to told me: If the CSA UNDERestimate how much I should pay then they backdate the underpayment. However if CSA OVERestimate how much CSA I should pay (say I lost my job or had reduced income) then I can't get the overpayment back. The correct assessment starts on the date I update my income. Seemed crazy to me.

And true I have been put through a lot recently but honestly, I have learned to smile about things and live as happy a life as I can. And I am slowly starting to turn things around.

 

[LovingDad1973]

Your interpretation of the orders looks right to me, but check if there are other provisions for special occasions like Mother’s/Father’s Day weekend, Easter and Christmas. My partner’s orders were for incremental increases in time (4 nights for 6 months, 5 nights for 6 months, etc.), and up until the care for my partner’s daughter went to 50/50, all those extra days were taken into account in the CSA assessment. Now, they’re ignored because all parts of the orders are essentially 50/50.

When we went through the AAT, we printed off a calendar and highlighted all the days the child was in my partner’s care, as we interpreted it from the orders, then submitted that calendar as part of our application for review. Might be a good idea to do the same.

Good idea about the calendar.

The provisions about other time is below but I can't see these provisions affecting the total number of days CSA because whatever I lose on one provision I gain on another e.g. Mothers Day/Fathers Day

9. Orders for regular time are suspended from 10.00am on 24 December to 5pm 26 December and the Children shall spend time with the parties as follows:

a) In 2018 and each alternative year thereafter , with the Father from 10:00am 24 December to 1:00pm Sunday 25 December and with the Mother from 1:00 pm on 25 December to 5:00pm on 26 December; and

b) In 2019 and each alternate year thereafter with the Mother from 10:00 am on 24 December to 1:00 pm on Sunday 25 December with the Father from 1:00 pm on 25 December to 5:00 pm on 26 December .

10. Orders for regular time are suspended from 10:00 am Good Friday until 5:00 pm on Easter Monday and the Children shall spend time with the parties as follows :

a) In 2019 and each alternate year thereafter , with the Father from 10:00 am on Good Friday until 1:00 pm on Easter Sunday and with the Mother from 1 pm on Easter Sunday until 5:00 pm on Easter Monday;

b) In 2018 and each alternate year thereafter, with the Mother from 10:00 am on Good Friday until 1:00 pm on Easter Sunday and with the Father from 1:00 pm on Easter Sunday until 5:00 pm on Easter Monday; and

c) At such other times as agreed between the parties in writing.

11. On Fathers' Day and the Father's Birthday in the event the Children are not already with the Father, then the Mothers' time shall be suspended and the Children shall spend time with the Father:

a) From 10:00 am to 5:00 pm on Fathers ' Day ; and

b) From 10:00 am to 5:00 pm on the Fathers birthday if not a school day, or for 2 hours after school if a school day.

12. On Mothers' Day and Mother's birthday, in the event the Children are not already with the Mother then the Father's time shall be suspended and the Children shall spend time with the Mother:
Minute of Consent Orders

a) From 10:00 am to 5:00 pm on Mother's Day; and

b) From 10:00 am to 5:00 pm on the Mothers birthday if not a school day, or for 2 hours after school if a school day.

13. On the Children's birthdays the parties shall each see the Children for a minimum of 2 hours if a school day or for a minimum of 4 hours if not a school day, with the times to be agreed between the parties in writing.

 

[Been2Trial]

Take it to the Administrative Appeals Tribunal

I had child support making crazy decisions based on their "extrapolations" which they wouldn't of course explain. It was insanity.

AAT sorted it out completely, took less time for them to sort it than the muppets at CSA took to assess it incorrectly and I'm so glad I did.

If you've got nothing to hide and you're sure you're being given a s**t deal by CSA, go to the AAT, you will be very happy you did.

 

[Been2Trial]

Also, the money you have paid in excess you will be given the choice of either "gifting" it to your ex, or having your payments stopped until the excess runs out.

 

[LovingDad1973]

Take it to the Administrative Appeals Tribunal

I had child support making crazy decisions based on their "extrapolations" which they wouldn't of course explain. It was insanity.

AAT sorted it out completely, took less time for them to sort it than the muppets at CSA took to assess it incorrectly and I'm so glad I did.

If you've got nothing to hide and you're sure you're being given a s**t deal by CSA, go to the AAT, you will be very happy you did.

Thanks mate. I am sick of getting the run around by CSA who seem to take the approach that if the mother and father don't agree on the Child Support Assessment calculation then they accept the mother's figure. Why bother with referring to the Binding Family Court Order provisions

 

[Been2Trial]

Thanks mate. I am sick of getting the run around by CSA who seem to take the approach that if the mother and father don't agree on the Child Support Assessment calculation then they accept the mother's figure. Why bother with referring to the Binding Family Court Order provisions

Yep, not to sound all tin foil hat, but the impression I got was that the female decision maker at CSA had already sided with my manipulative ex before she even spoke to me.

CSA are a law into themselves with pencil pusher government servants working for them and you need the AAT to reign them in.

 

[nat 2015]

Thanks mate. I am sick of getting the run around by CSA who seem to take the approach that if the mother and father don't agree on the Child Support Assessment calculation then they accept the mother's figure. Why bother with referring to the Binding Family Court Order provisions

Hi, so I am a female and child support have decided to take my ex word over his income, he runs his own business. I work and support my children wholeheartly, some people just end up so bitter that they end up punishing their own children. I understand that it is frustrating but believe it or not woman are treated poorly as well. But I agree no where near as bad as men are.

 

[sammy01]

Nat - I agree. The fact is the folk we talk to on the phone when we call CSA are poorly trained and lets face it - What a crap job...
There rules are complex and there is lots of stupid wriggle room for them to get it wrong. That provides opportunities for punters to try and scam and those scammers are male and female.

 

[LovingDad1973]

So I thought I should provide an update on this:

I wrote a feedback/complaint to CSA as I just wasn't getting anywhere - there is a link on their website. Within a week I had a final decision on the matter as follows:

1. CSA agreed with my calculation and the child support I pay has been reduced by approximately $220 per month. And I am deliberately using that extra money on my kids like regular sporting commitments for the weekends the girls are with me

2. However,I overpaid for like 6 months and don't hold out much hope of getting that back. The whole "making a gift of the overpayment" to my ex has been raised. WTF

So the lesson I learned was perseverance eventually paid off.