NSW Child Support / Lotto Winnings and debts

[Unknown?]

Hello.

I recently found out that the father has won a substantial amount of lotto winnings that saw him being able to quit his job back in October/November. he hasnt advised child support of changes to his work or income and has been paying the assessed amount since.

Im just wondering if you know what will happen once he does his tax and obviously he wont have earned the estimated amount that the CSA have calculated child support on. is it most likely i will end up with a debt with CSA as hes over paid in child support and i will need to repay? What can i expect to happen to the child support payments after hes done his tax and hes not going to be working for the foreseeable future?

is it correct to assume no taxable income means there is nothing to assesses from his side pay towards child support? im assuming lotto winnings are exempt from the child support assessment?

I will ring CSA on Monday but im just stressing a lot about the potential debt that i may incur?

thank you for any advise you may give

 

[sammy01]

call csa - theoretically, no work means no CSA - but there is a capacity to work / capacity to pay rule and based on that I'd expect they would say that he should continue paying the assessed amount.

One concern - instead of the pay clerk / csa working to collect the $$$ CSA will have to get it directly from him... But like self employed people. It can be hard to get the $$$

 

[Rob Legat - SBPL]

Child support is working out on income only as a general rule. CSA have the ability to look at the paying parent's financial situation to make a different determination. They use this in circumstances like the one you're in, or where parties are trying to hide income, or where income comes through non-traditional means (such as business owners, and trusts).

If CSA is the collecting agency, non-payment becomes a debt due to the Commonwealth and the agency has extensive powers to collect. They can, and will, rip it out of bank accounts - and the account holder won't be informed until after it is gone.

What you'll be looking at is making an application to change your assessment in special circumstances. There's a standard form which will be available on their website. You will need to provide financial information which will be provided to the other parent.

 

[Unknown?]

Thank you so much for your replies at least i know there are options of some type.