My ex has been lying about her income since last years assessment, telling child support her income is 12K and she is casual, when for 80% of the year she has been part time employee earning 45K and in the last 3 months went full time now earning 55K. I’d be lying if I said it didn’t annoy me, are there any grounds for back pay or do I just have to grit my teeth and deal with it? She refuses to let me have more time with the kids stating that she “cannot afford to lose more child support money” then to find this out does not make me happy.
NSW Ex has lied to child support about her income
- Thread starter Bluebird87
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- child child support has income support
You can apply for a reassessment - Application to change your assessment - special circumstances form (CS1970) - Services Australia
Income is generally covered under 'Reason 8'.
The rules around backdating are complicated, but CSA will made a decision on that based on what the legislation says.
Income is generally covered under 'Reason 8'.
The rules around backdating are complicated, but CSA will made a decision on that based on what the legislation says.
Child support is based on last years taxable income. So her change in income for child support will come into effect for the next reporting period.
Someone can correct me if I am wrong, but if your income is basically unchanged, it would be good for you to do your tax return ASAP, as the change in child support will be backdated to the date you did your tax return even if she doesn’t do hers until much later in the year.
so…
Basically the child support for the 20/21 financial year is based on income from the 19/20 financial year. Your ex in under no obligation to report a change in income so she hasn’t been lying as such.
The child support for the 21/22 financial year is based on income from the 20/21 financial year.
Someone can correct me if I am wrong, but if your income is basically unchanged, it would be good for you to do your tax return ASAP, as the change in child support will be backdated to the date you did your tax return even if she doesn’t do hers until much later in the year.
so…
Basically the child support for the 20/21 financial year is based on income from the 19/20 financial year. Your ex in under no obligation to report a change in income so she hasn’t been lying as such.
The child support for the 21/22 financial year is based on income from the 20/21 financial year.
I’ve thought of taking it through the courts so many times, but there are a lot of problems with this. I’m afraid she will withhold my children from me, She’s threatened to do this in the past and can be extremely toxic. She also moved out of town when we seperated and lives over one and half hours away, which I’ve been told will work against me in court when trying to get more times with my girls.
Also I am not biologically the father of one of my daughters, her father left when she was only a couple months old and after a year of her mother and I being together she asked to call me dad, she’s been my daughter ever since and I will always see her that way but legally, I have no parental rights because I never married her mother. We were engaged but this was called off shortly before we separated fully.
so you could apply to child support based on 2 reasons
1. She is earning more... But you don't seem to have much proof.
2. Earning capacity. She has the capacity to earn more but chooses not to.. This is the one I'd recommend. Even though it isn't the truth....
But I'd also suggest this is maybe a fight not worth having. Sure you might win, but then she just might refuse access and then you're off to court and that is likely to be more expensive, both financially and emotionally than paying more child support. I hate my advice sometimes
1. She is earning more... But you don't seem to have much proof.
2. Earning capacity. She has the capacity to earn more but chooses not to.. This is the one I'd recommend. Even though it isn't the truth....
But I'd also suggest this is maybe a fight not worth having. Sure you might win, but then she just might refuse access and then you're off to court and that is likely to be more expensive, both financially and emotionally than paying more child support. I hate my advice sometimes
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