SA Default school fees after child support paid

Discussion in 'Family Law Forum' started by Sarah1970, 10 August 2018.

  1. Sarah1970

    Sarah1970 Member

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    I pay over $1400 per month in child support and half of private school fees but ex isn't paying his half. I always pay half on time straight to school, he is over a year in default.
    I have offered many times to pay school and take it out of child support payments but he won't agree.
    We have 50/50 care of younger child so no prescribed payments, don't know what else to do.
    If I pay his half to school, will CSA definitely adjust assessment? iOS it really only possibe to find out decision after I have paid? I really can't afford to pay him and pay all school fees but don't want to risk kids being kicked out of school
     
  2. sammy01

    sammy01 Well-Known Member

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  3. Sarah1970

    Sarah1970 Member

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    Yes I know they count and I am liable for child support rate plus half of the school fees.
    My understanding though is that he is also still responsible for half of the school fees that he is not paying, despite receiving a significant amount of child support from me.
    CSA told me I could pay fees and then apply for reassessment but it does not sound guaranteed or consistent.
    Can I apply for a reassessment in advance of paying but proving that he is in default?
     
  4. Rod

    Rod Well-Known Member

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    I don't know the answer, but I'd give the 'reassessment in advance' a try.

    Personally I don't think they should decide anything on what may happen, but this is CSA and strange things happen in their office.

    I prefer 2.9.17 in this circumstance, but you'd argue both to cover both possibilities.
     
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  5. Rob Legat - SBPL

    LawTap Verified Lawyer

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    There's every chance an 'in arrears' application will get denied, just because that's how CSA can be. I would suggest one in advance as well.
     
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  6. Sarah1970

    Sarah1970 Member

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    Thanks for all of your advice, I will give the reassessment in advance a go
     
  7. sammy01

    sammy01 Well-Known Member

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    keen to know how you go...
     
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