WA Child Support Assessment 2019 - 2020

[Frank Luffs]

I received a letter late 2019 from Family Assistance to make a decision about my Family Tax Benefit.
The other party is claiming I have only 4% care, back dated to 2012. (I have 21% as per family court orders).

I responded Sept 2019 - - -
My concern of the back date to 2012.
That we had several change of assessments dealt with, since 2012.
The child is not being handed over as per orders, and I have not been keeping track of nights, or days.
Child now 16 is working part time, but still at school full time.
Are they taken my Disability Support as taxable income, as my understanding was this should not be used.
Also when the child does come to stay, says needs items for school, or back home, like cloths, makeup, etc. which all return to the mothers. I added receipts.
- - -
Never received a response from my reply.
- - -
I now have received a response in end Jan 2020, 4 months later - - -
Cancelled my Family Assistance.
From August 2019 my care percentage is calculated at 4%.
Back pay $1000's
also to pay $500 mth child support

Is this right, and is there anything I can do ?
Can they take my Disability Support as income into calculation ?
Don't they have to consider family court orders ?
If she does not hand over as per family court orders, and I obviously can't make her, my CSA calculated care % should not be reduced ?

Just a end note - - - I have contacted Family Court, told would be a year, more, before could be addressed, and if she is not handing the child over anyway - - - So CSA care rate % would be the same.

 

[sammy01]

Appeal the decision at car. They have a appeal process. Failing that take it to the administrative appeal tribunal

 

[Frank Luffs]

Sorry, but a noob at this.
You say at "car" who are they, and are they in WA ?
Appeal on what grounds ?

The questions i would need to know would be - - -
Is this right, and is there anything I can do ?
Can they take my Disability Support as income into calculation ?
Don't they have to consider family court orders ?
If she does not hand over as per family court orders, and I obviously can't make her, my CSA calculated care % should not be reduced ?

 

[sammy01]

oops sorry mate was typing on my phone while watching kids at scate park. Bloody autocorrect...
appeal the CSA decision (NOT CAR) You can appeal against the decision and seek a review.

Grounds for review? Disability support pension. I gotta tell you I don't know the rule on this. BUT if it should not be included and they have then appeal that. Appeal on the grounds that you believe you have had more than 4% and you want the orders enforced so 20%

If the ex doesn't comply with the orders then you need to take action - request mediation, write to her. Do stuff to prove you don't approve. Then csa should at least re-consider.
You have 28 days from the CSA decision to lodge an appeal with them. Do that asap

If that fails then Administrative appeals is the way to go... But one step at a time

 

[The Cheese]

Care issues aside, is Disabilty Support Pension your only income? DSP is included as income for child support purposes, but if its your only income, then you shouldn't be anywhere in near $1000s in back pay or $500 a month in payments for one kid.

I hate to make assumptions, but if your only on a DSP, you probably haven't lodged a tax return for 18/19? If that's the case, it sounds to me like they've got the wrong income levels for you and you can probably ask them to derive your income from Centrelink info over the phone.