NSW Ex-partner early release super question

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my4daughters21

Well-Known Member
18 January 2020
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My Ex-partner has applied and been granted early release super I was not aware of this till recently apparently he had it released a few years ago without my knowledge we have 2 children together and he has never paid child support for them so I want to know where I stand legally with this? We were in a de facto relationship for around 5 years in that time I supported him most of the relationship any advice welcome on where I might stand
 

Atticus

Well-Known Member
6 February 2019
1,944
279
2,394
There are very strict & limited conditions to be granted an early release of super (certainly pre Covid anyway), It's likley that your ex was under severe finial hardship.

1) Do you have a registered CS assessment?
2) Does the payer lodge tax returns regularly?

Very basically.... A payers adjusted taxable income for a year of CS is calculated via tax returns, If a return is not lodged, CSA will work out a provisional income based on previous years.... When the payer does eventually lodge a return, the income is revised & can result in an increase in CS liability, especially if a lump sum was paid out in that year... If he is not paying this will of course just add to the arrears already outstanding.. A separate issue.