QLD child support payment changes

[Cameron1977]

I pay my ex child support, no issue with as long as its all above board. Have for years now. We have 50% care arrangements. The child is 4 yrs old.
She has recently quit her job on purpose it seems a couple of months ago. My child support payments have tripled since, even though she was earning good money last fin. year.
I know she is getting rental/board payments from her older daughter (no relation to me) and a house guest who is living with her.
She also has a live in partner who is no doubt supporting her as he is also on very good money I have worked out based on their living conditions/house/profession. Which is the reason she does not need to work I assume.
She has lied before about her income (she got caught) saying it was lower than it was and it was adjusted luckily.

Is it only based on her "recorded" income? - does the partner and her living conditions (in this case living quite well...) have no bearing?
If she is choosing not to work - is there anything that can be done to prove it and adjust it so it doesn't affect me so much?

 

[sammy01]

Partner means nothing. Living conditions? yeah kinda.

You can apply for a review via CSA based on capacity to earn. So if her last year or two of tax returns are $50 k for example and now is is on $20k, you can argue she has the capacity to work and is choosing not to.

Just outa interest do you have court orders for 50/50 care?
Are you getting family tax benefit?
What do you earn?
What were you paying and what are you paying now?

Mate, your in QLD - so no hard lockdowns like NSW or Vic.... So no Covid excuse. Happy to give advice, but the advice changes based on the answer to the questions... So yep you could appeal via CSA and that is free. Better than hiring a solicitor and taking this through the court system

 

[Cameron1977]

hey thanks - to answer your qs

Just outa interest do you have court orders for 50/50 care? - No just parenting plan
Are you getting family tax benefit? No - but she is/was
What do you earn? - rather not say on public forum but we have a 40K approx difference
What were you paying and what are you paying now? Was $80 now $210 a week which is a bit of my available weekly budget available. Especially we have 50% care and my costs are no different to hers. But that's another convo...

 

[sammy01]

ok so what does child support know... See if you earn less than about 100k then you are probably entitiled to some family tax benefit.
Also - how well do you get along with her? By the sounds not great???

Ok so problem - parenting plan only - would she pull the pin? All of a sudden $210 a week is cheaper than solicitors...
Look you could seek a review via CSA based on capacity to earn.

If you're paying 50% of additional expenses - child care? or what ever you don't have to - Put simply now you're paying $210 you're not gonna pay for the other stuff.

 

[Cameron1977]

Also - how well do you get along with her? By the sounds not great??? -- Average. Not aggressive. But she loves her free money and made it quite clear when we broke up that is what she was chasing. She didn't get as much as she was expecting.

Ok so problem - parenting plan only - would she pull the pin? All of a sudden $210 a week is cheaper than solicitors... -- Maybe but doubt it. She can't afford it.
Look you could seek a review via CSA based on capacity to earn.

If you're paying 50% of additional expenses - child care? or what ever you don't have to - Put simply now you're paying $210 you're not gonna pay for the other stuff. -- Yes I'm paying 50% of Child care and other costs that pop up like lessons, dental, medical etc. - I got told by child support office that I had to pay the child support + all other costs. So I have been.

 

[sammy01]

You got told by child support that you had to pay child support + all other costs?
Call them back. Ask them to quote the part of their rules that says that.... I bet they can't.
Here is a link to their rules.

Using the Child Support Guide | Child Support Guide

Welcome to the Child Support Guide (CS Guide). The CS Guide has been designed as a web publication (HTML) and is not available in a single electronic file or in paper format. What does the CS Guide cover? The CS Guide is divided into 6 parts:

guides.dss.gov.au

Don't bother reading it.... It is insane. But I know them rules well. No you don't have to pay anything beyond the child support amount. They can't enforce it... So if your csa amount has more than doubled, I'd suggest you tell her you're not paying the other stuff... I don't doubt she will try and guilt trip you - BUT so what? who give a fcuk what she thinks? lets face it she doesn't give a fcuk what you think

 

[Immismum]

That’s a bit unfair though @sammy01. If people have 50/50 care the amount paid is way less than if the care was 100/0 or 85/15 or 65/35. That’s because the assumption is the costs of care, both at home and for extra stuff is shared.
I agree that he shouldn’t be paying for the childcare that she uses, but on the other stuff, like medical, dental, extra curricular etc, of course it should be shared. CSA may not be able to enforce it, but any decent parent would pay it. After all, if the kid is going to dance every week, then half is in mums time and half is in dads time.

Having said that though, if mum is choosing not to work, and dad is paying more child support as a result, then some of the extra stuff might be negotiated or reduced.

 

[sammy01]

"the assumption is the costs of care, both at home and for extra stuff is shared."
Nope that assumption doesn't exist. Can you show me where that is in the child support rules?

this guy's child support has nearly tripled because she isn't working by choice. So instead of paying $80 plus half expenses he is paying $210 because she chooses to avoid work? This bloke was happy to pay half even though the law doesn't require him to do so and it can't be enforced (god bless him) but now because of HER choice he has to pay nearly triple and half all extra expenses?
Nope- if those extra expenses matter enough to her, she can get a job...

 

[Immismum]

So you are saying that if one parent pays any child support at all, then the receiving parent has to pay all the out of pocket costs? That’s nuts, and makes no sense. If one parent is paying $70 a week, so roughly $3500 a year, then they have no responsibility for any medical, dental, extra curricular, school fees etc? All of that could easily add up to way more than the child support paid.
People should pay for the necessary expenses in line with the the percentage of care.
They should pay their own child care costs, especially in a 50/50 situation.
I did actually used to have a link that stated pretty much the above, but of course I can’t find it now, and the info may have been deleted.

As I stated above though, if mum is choosing not to work and dads child support has increased as a result, then I would be rethinking paying 50% of all extras.

And I am coming from a position of having 100% care of my 15 year old, and getting zero child support, and having a minimum assessment as my x is in Centrelink, and I chose not to collect the measly $400 odd a year, and the grief involved in getting it is not worth the cost to my or my child’s mental health.

 

[Immismum]

I just think if that is the attitude in a 50/50 situation, then no wonder child support is considered by many to be broken. Children cost a lot more than just the cost of housing and feeding them. If you have the children 50/50 then you need to pay for housing and feeding them when they are with your as well as 50% of the extra things that children need. After all, they need them on your time as well as on the other parents time.

if you have the children only 15% of the time, then the child support paid is much higher, so of course you wouldnt pay 50% of the extras on top of the child support.

As a matter of decency, the percentage of the extras paid should (at a minimum) be in line with the percentage of care. So don’t have the kids at all ( and therefore oay maximum child support) you don’t pay any of the standard extras. You have the kids 35% of the time, you pay 35% of the extras, you have the kids 50% of the time, you pay 50% of the extras etc etc.

Of course all of that assumes that the parents are doing the right thing, not hiding income, and actually working to support their own kids