CSA Terminating Event

[Phil Feaz]

Can the payee/receiving parent claim 100% care of a child when the child lives independently from them? I've just been told by CSA that you can, but cannot see how that is even possible. Child has lived independently from mum between age of 16 until 18, (from 2017 until now), received a youth allowance because of living independently. Mum has had to come clean with CSA and admit child was living elsewhere but only because she was forced to. But mum claims she did have care because she drove him to some appointments and the youth allowance was paid to her, not him. WTF - how is that even considered to be her financially supporting the child? The payment is for him, not her. Plus, she's on a sickness benefit and cant work or drive due to illness! Child's even been living with his girlfriend since before turning 18. None of this info volunteered to CSA by mum at all during last 2 years. It says in the CSA guide and Act that if they are notified or or become aware of (as is the case) a change in care more than 26 weeks after it happens, that is considered a terminating event. How is this even possible that they can determine that she had 100% care? It defies my logic. Someone please educate me on what I must not be seeing here.

 

[sammy01]

is the kid now 18?
2.10.3 Terminating Events | Child Support Guide
My thinking is if mum has less than 35% care then that means she isn't eligible for child support. But the system is crook. She has been paid, the change only happens when she notified them that it has changed. You're not gonna get your money back especially IF the kid is now 18.
My advice - call them, do it while sitting at a computer and logged onto the guide.
Using the Child Support Guide | Child Support Guide
Ask them to direct you to the section they used to make the decision. Get back to us once you know that....
Tell them you want to appeal their decision. You've got nothing to lose. And if you lose that one, then appeal to aat.
But if the kid is 18 and you're no longer paying it could all be a waste of time

 

[Phil Feaz]

Thanks Sammy01 - fortunately no money has changed hands yet - its a crook alright. Mum reapplied for CS in 2016 after having asked them to stop collecting in 2009. I never found out until October 2018 because CSA sent correspondence to the address they had for me back in 2009. I got copies of all of it in October and realised then she was claiming 100% care. So 2 yrs of arrears, accumulating interest. When I told them the kid was living independently and the care percentage was wrong, he was a couple days off turning 18. The kid was living with my mother in 2017! This mum's even gone as far as have my mother verify the kid lived with her but she wanted her lie and say he paid her $50/week rent which she refused to do because she never got paid a cent from either of them. Once a fraud, always a fraud. I will be objecting to their decision, with the help of a lawyer.