VIC Child support based on income estimate

[Worried and confused]

Thank you in advance for taking the time to read my query.

My ex is a public servant so his income is easily available and published (base rate with no overtime).

He has earned over $160k for last financial year and has just lodged an estimate of income for this financial year equating to just over $120k. This is even below the base rate for his industry.

Child support has accepted his estimate and my payments have dropped considerably.

Will there be an adjustment when he files his next tax return or can he keep filing an estimate to reduce his payments?

 

[Noel Harris]

Yes, there will be an adjustment. When he lodges his actual tax return, Child Support Agency will reconcile the estimate against his real income and recalculate. If he earned significantly more than his estimate, you will receive back payments for the difference. However, the problem is he can keep lodging estimates each year and in the meantime your payments stay lower.

If you have evidence his estimate is unrealistic, for example published salary data for his role, you can contact the CSA and ask them to reject the estimate or seek a change of assessment. It is worth getting advice on a child support change of assessment if this becomes a pattern as there are grounds to challenge estimates that are clearly inconsistent with known income.

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Disclaimer: Please note information in this response is general in nature and should not be treated as legal advice. It may not be complete or up to date for your specific situation. Independent legal advice is always recommended.

 

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thanks!