NSW CSA overpayment debt, while attempting to gain visitation.

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Mictoppo

Member
27 November 2017
2
0
1
My daughter is 12. About 7 years ago I had not done my tax for a few years. As child supports legislation ( their favourite excuse for lack of knowledge) is, they run on the last years taxable income completed. I ended up with a debt which I repaid. After completing my tax, I received a number of calls, as my tax returns went through.

In each case, I had overpaid each year, ranging from $10 to $100. I was told I would receive this money back, the operator even seemed to enjoy and explain how they can garnish incomes. I refused the money. I was then advised that I needed to make sure I registered for centre link immediately if my work ceased (I was contracting at the time) as they needed their money, $13 a fortnight on the dole I believe. Nearly insulting to the Mother?

I won't repeat my comments to her, and I never walked into centrelink, against common beliefs, there is plenty of work.

Right now, again, I am a few years behind with Tax. I have spent the last 3 years"roughing it" mostly in Tasmania. I did work sporadically, but rarely. I am now back in reality, regular employment. Which will be full time eventually.
I did not ever contact CSA as their demands are ridiculous and inconsistent, and the staff seem unable to actually help. In this time, I have accumulated a $8000 debt.

My calculations put me at owing between $2500 and $3500. Please note, I have not seen my daughter for 10 years, my ex is part of a family with both money and connections, she left the state unannounced, placed an unnecessary DVO, sued me for a credit card debt and attempted to have my surname removed from birth cert. I had a drinking problem, the catalyst. I was not violent or unfaithful, I was absent, passed out on friends couches. I ended up in a rehab after we broke up, and I carry this regret everyday.

Back to the point, with my wages now, I pay $77 a week, and another $100 off the debt. Deducted from my pay of just over $650, this does not comply with any formula. My rent is $220.

I contacted Child Support Agency, and after asking for my case manager to call me regarding reducing debt payment, he/she was on leave. Last time CSA did not run credit, this may of changed. I explained my situation and was told that since I had regular employment, a phone call could not be guaranteed, my case was fine. And until they worked out my taxable income my debt repayments could not be changed. Since my weekly repayments were $77 per week, and there are 52 weeks in year I expressed my confusion. My work is regular. Legislation. I hung up.

I will/am paying this debt, and after doing my tax, I will get backpay yeah? Before you hate me, I don't want this. I don't think its fair to leave me earning a small margin above the dole/ disability, doctors love people like me. Try this ....no you can't work.

Another topic I have problems with..I am, and will continue working. I also don't think it is fair for my ex to be, in a way, financially punished because of my lack of worrying about doing a tax return. We all need to push for individual assessments. I am more than happy to sort my tax, and pay my debt, and not have CSA persue her for a debt incurred through legislative laziness it would seem.

I am in the process of seeking contact, my plan is to fly from Sydney to Qld, every 2 weeks, and on a day that suits, maybe have a 3 hr block, when its suits them, a supervised visit at a park, bowling alley, my daughter dances and I do rock n roll myself, plenty in common. This is a court matter I know, not relevant to problems with CSA . However, , I was hoping someone could contact my ex, she ignores all attempts at contact,even if she does not agree with our issue regarding visits, we should still make a serious attempt at trying to start some reform.

There are many in my position, and many on the other side who are ending up with debts, sometimes extremely detrimental to their financial security and the welfare of children.I know its going to cost me money, but in my case, and I have given the truth,( I could hang some dirty laundry from both baskets and turn full hypocrite), could this be a simple process, involving us 2, our lawyers and a judge finalising?

To get back on track, I'm hoping that somehow I instigate something so CSA is looked into. I believe my situation is duplicated with many, and all we have is uninformed telemarketers to deal with our lives, not one is identical unfortunately. For me to pay a debt, I can easily prove with bank statements is highly inaccurate, and to have the other party hit with a bill from nowhere immediately after is ridiculous.

Thanks
 
Last edited by a moderator:

Migz

Well-Known Member
20 November 2016
325
43
719
So whats your question?

Aside from that, do not talk to CSA over the phone, do everything in writing. Eiter via email, or via mygov portal, or via registered post, never via phone. And have they attached fines to your supposed $8000 debt?