QLD Child support question

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

LouiseThomas

Well-Known Member
21 March 2018
93
1
289
Hello

I have a question regarding my sister's situation. Her ex pays child support through CSA but is telling her that he will be getting CSA to change their current assessment as he believes she should be working as the youngest child has just started school this year. They have 3 kids in total together and my sister has never worked since and does receive a few hundred a week from the ex as he has a very good income.

Is that true? Can he have the assessment changed because she now can work and isn't? He tells her that she has to be financially accountable as well and that he can take her to court?

Hope that is enough information. My opinion is sister should do some type of work but I think she just wants him to keep paying her that same amount so she can stay at home and continue lifestyle etc.


Thanks you
 

AllForHer

Well-Known Member
23 July 2014
3,664
682
2,894
So, dad can't 'have CSA change the assessment', per se, but he can request a new assessment based on earning capacity, rather than just taxable income.
 

LouiseThomas

Well-Known Member
21 March 2018
93
1
289
Ok thank you. Is there law about mums returning to work when kids all at school? I thought I heard years ago that there were some requirements for when last child that goes to schools?
 

AllForHer

Well-Known Member
23 July 2014
3,664
682
2,894
There's no law to my knowledge about parents working when their kids reach a certain age either, but I believe the government provides incentives for parents to return to work, such as reductions in Centrelink payments and the like.
 

sammy01

Well-Known Member
27 September 2015
4,970
710
2,894
Does she have the capacity to work? yes... So there could be an argument there that she isn't working so she can cause him to pay more... But it ain't that simple.

So if she was a qualified doctor - then she has an earning capacity of say $150 000. But she isn't... True?

So once the youngest turns 5 (I think) mum loses the single parent payment and is required to go on new start (dole) she will have an obligation to be actively seeking work and so long as she is meeting centrelinks expectations, then dad is on a hiding to nothing..

so my situation is nothing like your sisters. But it still kinds has some stuff that might be of interest. 3 kids. They live with me about 70% of the time... I earn $95 000. Ex earns stuff all according to her tax returns. (she lies and works cash in hand). So she pays zero child support... (she would be a drop kick dad if she was a bloke)

I could make a huge ordeal of it all at centrelink... Go through the appeals blah blah... And if they decided she did earn more money they would change the assessment. BUT - If they decided that it was likely that she earned $35 000, she would still pay zilch, zero NOTHING... If they decided that she might have earned $36 000 then she would have to pay me about $5 a fortnight... So while my situation is NOTHING like your sisters the same rules apply... IF they decide she could earn 10's of thousands, then they MIGHT change her child support assessment... But not by much...

So given she has zero work history - presumably zero qualifications? then it would be a tough gig to assume all of a sudden she could earn a substantial income...

I don't think she has much to worry about.
 

LouiseThomas

Well-Known Member
21 March 2018
93
1
289
Does she have the capacity to work? yes... So there could be an argument there that she isn't working so she can cause him to pay more... But it ain't that simple.

So if she was a qualified doctor - then she has an earning capacity of say $150 000. But she isn't... True?

So once the youngest turns 5 (I think) mum loses the single parent payment and is required to go on new start (dole) she will have an obligation to be actively seeking work and so long as she is meeting centrelinks expectations, then dad is on a hiding to nothing..

so my situation is nothing like your sisters. But it still kinds has some stuff that might be of interest. 3 kids. They live with me about 70% of the time... I earn $95 000. Ex earns stuff all according to her tax returns. (she lies and works cash in hand). So she pays zero child support... (she would be a drop kick dad if she was a bloke)

I could make a huge ordeal of it all at centrelink... Go through the appeals blah blah... And if they decided she did earn more money they would change the assessment. BUT - If they decided that it was likely that she earned $35 000, she would still pay zilch, zero NOTHING... If they decided that she might have earned $36 000 then she would have to pay me about $5 a fortnight... So while my situation is NOTHING like your sisters the same rules apply... IF they decide she could earn 10's of thousands, then they MIGHT change her child support assessment... But not by much...

So given she has zero work history - presumably zero qualifications? then it would be a tough gig to assume all of a sudden she could earn a substantial income...

I don't think she has much to worry about.

Thanks Sammy. She does have a degree, she worked in marketing before kids but only stopped when had all three kids. Prior she was on decent enough money so that is her ex’s point ... that she could be earning money and supporting the kids financially as well. So in that case, would he have any rights to claim that she could be earning more which of course would lower his payments?
 

AllForHer

Well-Known Member
23 July 2014
3,664
682
2,894
Since she has a degree and had a career, I think dad maybe does have a case for CSA to assess against earning capacity, rather than just taxable income.