Backdating Child Support

[Support Needed]

I had a child support assessment done around 18mths ago by csa.

It gave a figure that was needed to pay based on previous assessment.

It appears that now my partner has put in his tax return that I have been over paying by about $70 fn for the last 18 mths.

Can child support request this back ?
If so what would I need to do to get this to happen ?

Hopefully I can get some legal advice.

 

[sammy01]

it is a fairly simple process. But just checking some facts... They have just done their tax from 2017/2018? true?
And when did you do your tax for the same period?

I think you'll find you can request the overpayments be deemed a debt on behalf of the ex. You're not gonna get the money back, but you can request they cease payments until the amount of the overpayment is completed. Sorry, I am struggling to find the words for this one. So lets keep it simple and for illistrative purposes only. You have to pay $2 a week. You do this for 10 weeks. Then they realise you should have only paid $1 a week. So you're $10 in front. They should not collect for the next 10 weeks because $1 A WEEK = 10 WEEKS WORTH OF PAYMENTS = the amount you've over paid.

Call CSA and ask them what they're gonna do. If my advice is right, they should sort this as the default BUT you might need to apply some pressure to get them to do it..

OR there is another way this could go.... They will tell you that you're assessed based on the info that was provided and paid according to that, and now there is new info they will change the rate of pay... BUT they should re-calculate based on when you did your tax return. So if you did your return in July, and the ex is only doing his now, then you've over paid because the ex was lazy and that ain't your fault, hence there should be some recourse, but possibly only from the date you did your tax

 

[Tremaine]

Our child support for each financial year is based on the tax assessment completed for the previous financial year.

So, the taxable income for each of the parties in the 2017-2018 financial year is what determines the child support assessment for the 2018-2019 financial year. If one has overpaid, it’s just made up the next year anyway.

I thought this was standard for CSA, otherwise we would need each year’s payments reviewed and adjusted every year...?

 

[Support Needed]

Our child support for each financial year is based on the tax assessment completed for the previous financial year.

So, the taxable income for each of the parties in the 2017-2018 financial year is what determines the child support assessment for the 2018-2019 financial year. If one has overpaid, it’s just made up the next year anyway.

I thought this was standard for CSA, otherwise we would need each year’s payments reviewed and adjusted every year...?

Thank you - An interesting response. As this was collected previously how do I get them to review it ?

 

[Tremaine]

Call them?