NSW Claiming Child Support Backpay - What to Do?

[maternitytest]

I have been paying child support now for 5 years whilst the teen lives with the other at a rate of $300/week. Wage is garnished to ensure it's all paid on time every time.

We have just received notification that, due to ex not filling her tax return, ex significantly underreported income for the last 2 years so they are now claiming 2 years of back pay.

Is there no way to challenge this? I thought ex had an obligation to inform when circumstances change?

 

[Rod]

Sorry, I'm confused.

You pay child support.
Ex under-reported their own income

You would normally be required to pay less in child support.

Why is ex saying you need to pay more because they under-reported their income?

 

[maternitytest]

Argh!! Over reported! I should edit original post...

 

[maternitytest]

Nope- wont' let me edit it. Sorry for confusion.

 

[Rod]

OK, makes more sense now.

If I was in your situation I'd be saying not my problem and let them chase you.

If you are paying through CSA do nothing until CSA contact you, then get them to tell you under what law/regulation you need to pay. Post back here with their response.

And if it turns out CSA can do backpay in your circumstances, then arrange a payment plan. You can also seek legal advice if CSA start to pressure you to pay the money back. There may be ways around having to pay but it would need someone to look at your facts and circumstances. You'd then have to work out what is better - paying child support back pay, or paying for some legal advice.

I'd be peeved regardless because the ex didn't do what they should have done in the first place.

 

[sammy01]

Who is seeking 2 yrs back pay? The ex or the child support agency? If it is the agency appeal it. If that don't work take it to AAP. But without the correct info I can't provide any more advice.

I don't think CSA would seek backpay, not if you have done your taxes on time.

 

[maternitytest]

It's the agency and I just found out wage was garnished by another $4k. great.

 

[Rod]

CSA can be real <deleted>s.

Call them and ask them under what law/regulation they are operating and say you want a payment plan - unless the $4k is the total of what you owe, in which case might be best to move on.

The Government has set up CSA to be judge jury and executioner. It stinks where people are being reasonable and trying to do the correct thing and CSA come along in their jackboots taking what they can, just because they can. Did they try and negotiate before they took the money?

 

[maternitytest]

Yeah- it is only $4k all up. I'm just a bit frustrated as realistically, she has chosen to quit work as she remarried but it will cost more to fight it and prove that. And 2 of the kids from the marriage live with me full time bar a small amount of time in the holidays so all those costs are mine too (which I accept- it's just she won't pony up any money at all for the children after walking out). It just feels like it will never end.

CSA didn't negotiate at all. Just took it.

 

[sammy01]

I'd call them. Stay calm... Be at a computer and ask them to direct you to the particular rule that was applied in determining the decision. I'd appeal. And I'd take it to AAT if that dont work.
You can do all of that and it wont cost a cent.