VIC CSA have assessment but both parents want kids to goto private school next year

[garry]

Hello all

The ex and myself have a current CSA assessment but we both want the kids to goto private school, the oldest starting 2022.

The ex is a nurse and I'm a salary earner. I currently pay CSA to her.

What's the best way to go about this so I don't get bitten in the rear end? Any advice welcome please.

Gaz.

 

[Tremaine]

What kind of rear-end biting are you hoping to avoid? Have you and the ex made and agreement that private school payments be made in lieu of child support?

 

[garry]

Hello all

The ex and myself have a current CSA assessment but we both want the kids to goto private school, the oldest starting 2022.

The ex is a nurse and I'm a salary earner. I currently pay CSA to her.

What's the best way to go about this so I don't get bitten in the rear end? Any advice welcome please.

Gaz.

I'm trying to avoid any rear-end biting to be honest. I don't know much about CSA except to be very careful with them, hence the question.

No, we haven't made any agreements at all. I think that's the path we'll need to go down. Any advice?

Gaz.

 

[Jake Matherson]

CSA expects you to pay the assessed amount and nothing more.

Anything more you pay such as a negotiated percentage of private school fees between you and the ex is up to you.

If the ex decides to pay half the fees for the first year and then stop paying for whatever reason in the future there wont be anything you can do about it.
Pay the full fees should you wish the child to continue their attendance at the school and pay child support as assessed.

 

[garry]

Is it good practice to get a solicitor involved to ensure the fees I pay are seen as child support?

 

[Tim W]

Make a third party payment arrangement in respect of (your share of) the school fees

 

[Tremaine]

By default, CSA doesn't have responsibility relating to private school fee payments or division of such payments between the parents. You're only obligation by default is to pay whatever the assessed amount is.

However.

A parent can apply to have their assessment changed under special circumstances 'if the costs of maintaining a child are significantly affected by high costs of caring for, educating or training the child in the way both parents intended', ie private school fees that are significantly higher than what it costs for a child to attend a public school. Basically, this means that a parent can apply to have their assessed child support amount reduced because they're contributing significantly toward private school fees.

Another option is to make a private child support agreement. If you decide to go down the private agreement pathway, it's a good idea to get legal advice.

 

[garry]

By default, CSA doesn't have responsibility relating to private school fee payments or division of such payments between the parents. You're only obligation by default is to pay whatever the assessed amount is.

However.

A parent can apply to have their assessment changed under special circumstances 'if the costs of maintaining a child are significantly affected by high costs of caring for, educating or training the child in the way both parents intended', ie private school fees that are significantly higher than what it costs for a child to attend a public school. Basically, this means that a parent can apply to have their assessed child support amount reduced because they're contributing significantly toward private school fees.

Another option is to make a private child support agreement. If you decide to go down the private agreement pathway, it's a good idea to get legal advice.

Thanks Tremaine. Can anyone recommend an experienced CSA lawyer in Sth Eastern Melbourne?

 

[Jake Matherson]

Is it good practice to get a solicitor involved to ensure the fees I pay are seen as child support?

The money you pay for private school will never be seen as child support.

You are already trying to cover your ass. That suggests to me that you cant entirely trust the ex.
The ex has an option to private collect CS payments. She could choose to only collect $1 from you.
She wont. This would be your only option to "ensure the fees i pay are seen as child support" the ex could discount your assessed amount of lets say $150 per week to $100 per week of her good will and then accept $50 for private school fees. Meaning you only pay her $150 per week and everybody is happy.

The above is only if your ex does a private collection. If she chooses to have the child support collected by the agency you get a bill you pay it. End of story.
If she chooses to change her mind tomorrow and move from a private collection to CS collect you get a bill you pay it.

The money you pay for private school will never bee seen as child support.
As Sammy would say, there you go I said it twice.

Hopefully you can come to an agreement with the ex and she offers to pay a percentage of the private schooling and you both stick to it and everyone is happy. But i would be working out if you can afford to pay for 100% child support and 100% school fees as the worst case scenario before enrolling the child.

 

[sammy01]

Solution? Public school.
CSA have a rule 2.6.9 Reason 3 - high costs of caring for, educating or training the child in the manner expected by the parents | Child Support Guide
Yup - I didn't understand it either... I think it loosly translates as it depends on which punter you get at CSA making the call...

Here is the problem. Once the kid is enrolled there is a contract between parents and the school. The school wants their money. Let's throw in uniforms, laptop, excursions, all the other crap private school fees hit parents for.... THEY WANT THEIR MONEY. IF mum doesn't pay her bit they'll come after YOU!

So even if you have a bindnig financial agreement with the ex. If you sign the enrollment forms then you have entered into a contract with the school - They have nothing to do with the BFA.

Best solution? Public school. Circumstances change, sure private school was a great idea when there were two incomes and one mortgage / rent to pay... Now you're single income and two houses.

Second best solution? Talk to the school - Make sure they understand how they'll be getting paid. It is a bit like when you go to a restaurant and they have a sign saying the won't split the bill. But they'll likely say, they don't wanna get involved, they just want their money.
.. AND what if... What IF.... WHAT IF... see you'll spend years worrying WHAT IF the ex stops paying her share. How are you gonna go with the tears when the kid says mummy said she can't afford it and daddy won't pay up and now little precious has to leave the private school and go to that one down the road that doesn't even have a swimming pool or pony club.

(disclaimer) public school teacher here.

But there is some good research that shows changing schools is a negative indicator on educational achievement.

Third best solution - Don't sign the enrollment forms. Means you're not liable for the fees... BUT do sign a BFA to pay $XX above CSA. But this gets messy. (please to a fact check with centerlink) I think that for every additional dollar you pay in child support comes with a 50cent reduction in HER family tax benefit.
Child support assessment - How child support affects FTB Part A - Services Australia
Yup I read it too, still not sure I understand.
Jake - do ya rekon Darth Vader paid child support?