SA Default school fees after child support paid

[Sarah1970]

I pay over $1400 per month in child support and half of private school fees but ex isn't paying his half. I always pay half on time straight to school, he is over a year in default.
I have offered many times to pay school and take it out of child support payments but he won't agree.
We have 50/50 care of younger child so no prescribed payments, don't know what else to do.
If I pay his half to school, will CSA definitely adjust assessment? iOS it really only possibe to find out decision after I have paid? I really can't afford to pay him and pay all school fees but don't want to risk kids being kicked out of school

 

[sammy01]

you're not gonna like my answer...
School fees can be factored into the child support equation. But it is tricky... I've read their rules three times now to try and help you and I'm still none the wiser.
See if you can work it out.
2.6.9 Reason 3 - High Costs of Caring for, Educating or Training the Child in the Manner Expected by the Parents | Child Support Guide

 

[Sarah1970]

Yes I know they count and I am liable for child support rate plus half of the school fees.
My understanding though is that he is also still responsible for half of the school fees that he is not paying, despite receiving a significant amount of child support from me.
CSA told me I could pay fees and then apply for reassessment but it does not sound guaranteed or consistent.
Can I apply for a reassessment in advance of paying but proving that he is in default?

 

[Rod]

I don't know the answer, but I'd give the 'reassessment in advance' a try.

Personally I don't think they should decide anything on what may happen, but this is CSA and strange things happen in their office.

I prefer 2.9.17 in this circumstance, but you'd argue both to cover both possibilities.

 

[Rob Legat - SBPL]

There's every chance an 'in arrears' application will get denied, just because that's how CSA can be. I would suggest one in advance as well.

 

[Sarah1970]

Thanks for all of your advice, I will give the reassessment in advance a go

 

[sammy01]

keen to know how you go...