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VIC Child Support Assessment Act - Pay Based on Cost of Living Index?

Discussion in 'Family Law Forum' started by Ash35, 14 April 2016.

  1. Ash35

    Ash35 Member

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    I have a question in relation to the Child Support Assessment Act.

    Is there a provision available in the ACT whereby the payer could pay based on the "Cost of Living Index"? This could be on the basis of financial hardship or other relevant reasons.

    With your suggestions, please quote the relevant section of the Assessment Act.

    Many thanks for your help.
     
  2. sammy01

    sammy01 Well-Known Member

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  3. Ash35

    Ash35 Member

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    H Sammy01. Thank you for your reply. This is exactly what I was looking for. I am hardly managing to cover the cost of my living plus I only have 15 years to retirement with not enough projected super to live above the poverty line.

    The CSA guide does quote from the CSA ACT, CSA Act section 4(2)(a), section 117(2)(a)(iii)(A).

    If you are aware of other court findings on this, please do send some more info. Thanks.
     
  4. sammy01

    sammy01 Well-Known Member

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    You won't find court cases. It is an administrative process. So appeal to CSA for a change of assessment based on rule 7. They will knock you back. Then take it to the Administrative Appeals Tribunal....

    Chance of winning? I reckon it's far more likely that you're not gonna be retiring in 15 years.... Sorry to be blunt. I'm not in the same boat. I'm in a slightly larger boat. I have 3 young kids and an ex who pays zero child support despite obviously having the capacity to pay....

    I'm hoping to retire at 71... At least I'm still an optimist.
     
  5. Hope this helps

    Hope this helps Well-Known Member

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    Persons who are on unemployment benefit a pay child support and so they should. Parents who have married twice and have children from ea partner have to pay as well. You can do what sammy01 has stated but remember whether you were still married or not, you still be paying for your children - in fact, you pay a lot less than if you were married.

    You created these beautiful human beings into the world as much as the other partner- didn't anyone tell you children are for life? The cost of raising children is the highest cost you will ever endure? With education, medical, dental, sports, clothing, food, housing and the list goes on. A lot of people are doing it tough and way under the poverty line or average living income and a lot of couples both work to make ends meet.

    So it is much harder for both parents and the children when parents living separate lives have to pay double with each of their living costs, plus raising and paying for children's development. Children should come first.
     
  6. Ash35

    Ash35 Member

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    Hope this help - I find your lecture totally out of line and out of context. I invite you to read my question again.

    My question is based on paying child support payments based on actual cost of raising a child and not on some flawed calculations which allows the mother to receive payments so she could live a life of luxury, buy assets and goes on holidays on my money.

    Section 4(2)(a), section 117(2)(a)(iii)(A) of the CSA Act allows a provision that the payer could be left with reasonable living expenses and a reasonable superannuation so he could retire with dignity.

    I joined this site to receive legal answers to my legal questions and not to receive unwarranted lectures from people like you. You should refrain from providing lectures to me and to other people.

    Have a nice day.
     
  7. Hope this helps

    Hope this helps Well-Known Member

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    I meant to say 'As sammy01 had said' but obviously re-reading it, my thumb didn't press the letters. No lecture intended. It was an example of 'hardship' which sammy01 states is difficult. I have 4 children of my own and whether a person thinks they are paying for the luxury of the mother or the father does have bearing on the way your payments can be made -75% directly paying for each child.

    Also, if you can prove the other parent is not spending child support on the children but 'on a life of luxury' then there are means in doing this also. However, both parents irregardless whether they are working or not working are granted : $23,523.00 pa for Self Support Amount after the Tax Free Threshold.

    Each parent adjusted taxable income minus the self support amount, minus allowances for relevant dependent children and children from other child support assessment which is the calculated percentage amount of nights spent with each parent per p.a.

    The only way your going to lessen any child support is therefore in the area of taxable income and there are various ways in regards to doing this. Percentage rates increase as the child gets into a higher age range. Otherwise find out by going to Separated parents - Australian Government Department of Human Services and follow the links. They have documentation you may come across which you were not aware of. I can assure you any flaws you can find will be dealt with by CSA and recovered by them.

    Separated parents - Australian Government Department of Human Services -
     
  8. Ash35

    Ash35 Member

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    Seems you always want to have the last word. I give up. Don't have the energy for this.

    But spare me with your answers. I do not wish to hear from you.
     

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