QLD Backdating child support payments due to late tax return lodgement

[donkey17]

I applied for child support in august 2018 and as my ex hadnt lodged his tax return for the 17/18 financial year, the assessment was made on his 16/17 return. I know his 17/18 return will have his income significantly higher (from 25K to 95K), once he eventually lodges it and there is an increase in child support will the CSA collect the extra funds from the previous months or will the increase only start when he lodges his tax return?

 

[sammy01]

they should back date it to the time when you did your tax return.

 

[Migz]

Lets not forget your ex partner can also claim the initial 3 year rule. So its not all cut and dried, where you end up with a huge cash bonanza off of his hard work...

 

[Scruff]

The original assesment should be redone once CSA receives the correct income information - but I'm not CSA and like everyone else here, I can't tell you what CSA will or won't actually do.

If they redo the assessment, then it will apply from the date you applied for child support because it's within the same financial year. If that happens, then it is likely that he will incur a "child support debt" for the difference between what he has paid and what he should have paid. Depending on the amount of the debt, (which considering the difference in income I'm guessing will be sizable), he could be given an option to pay it off by installments, which would be in addition to the normal child support payments. So I wouldn't be expecting a lump sum.

The best thing to do is wait and see what happens. When the time comes, if CSA doesn't redo the assesment, then there are options available to you to have that rectified. But there's no point worrying about any of this until CSA receives the correct income information.