VIC GP recommendation used to justify child support?

[MP78]

Interested to hear whether it's ok for a GP to make a recommendation of living arrangements (eg "I feel it is in the best interests of the children to remain in the care of...") and for it to be used as part of a CSA case to increase CS above agreed assessment?

It feels off for a GP to be recommending (in writing) child custody arrangements at the request of an aggrieved parent.

Yes, no?

 

[sammy01]

I'd like a bit more detail.... But yep, I'd be making an appointment to see the dr as step number 1.

 

[MP78]

Hi Sammy
No orders in place.
No issues with sole care.
Sole care parent hell bent on going after every penny above and beyond thousands a month per child (I know that isn't relevant but I'm putting it in to vent..)

Parent with sole care is going after increased CS above assessed amount, on the grounds of kids declined mental health (psych appoints and meds, all of which this parent has never paid a cent towards for years until now).
To bolster their case, they've included 1) a mental health practitioner's assessment acknowledging mild mental health issue but with a positive prognosis and 2) GP recommendation of it being in the kids best interests to remain in that parents care.

Neither letter references CS, but both are used as supporting evidence to justify increased $. (to the CSA)

The GP letter seems off, and I'd like to know whether I'm justified in taking issue/complaint with their making recommendations about children's care arrangements? Is that in their professional boundary?

 

[sammy01]

Yes, I reckon a dr has no business making recommendations pertaining to parenting and CSA should not accept.
But I'm at a loss. are you trying to get time with the kids?

I'd be thinking let csa make the call and appeal if it doesn't go your way, but for the minute, you should feel confident that csa have a process.
The example they give on their site is a kid needing braces 'could' contribute to an increase in the asssessed amount. But they're gonna factor in things like the fact that you appear to be paying the maximum CSA already. The ex is also going to have to establish that he/she is already out of pocket by a substantial amount.

 

[MP78]

Thanks Sammy
Not after more care. Just trying to defend these constant cases for more CS above the maximum payable.

 

[Atticus]

1) Do you have a normal CS assessment?
2) Are you currently paying the assessed amount of CS
3) If you are paying more than the assessed amount, is it by private verbal agreement or some kind of written CS agreement
4) Are you getting regular overnight stays

As far as the DR is concerned, CSA are only interested in what actual care is taking place. They don't get involved in whether a child should or should not be in who's care. In that regard the DR's opinion is of no relevance.

 

[MP78]

1) Do you have a normal CS assessment?
2) Are you currently paying the assessed amount of CS
3) If you are paying more than the assessed amount, is it by private verbal agreement or some kind of written CS agreement
4) Are you getting regular overnight stays

As far as the DR is concerned, CSA are only interested in what actual care is taking place. They don't get involved in whether a child should or should not be in who's care. In that regard the DR's opinion is of no relevance.

Hi Atticus
Yes to answers 1 and 2.
No regular nights care at the kids request (regular pattern of not speaking to one or other parent). Kids are teenage.
No additional CS is being paid. The sole carer is formally seeking more $ in addition to assesment, through 'special circumstances', that being the kids mental health issue. And using this GPs letter as supporting evidence.

I actually feel it inappropriate for a GP to be formally weighing in on kids care arrangements. Good to know the CSA shouldn't take this letter into consideration when assessing this claim.

 

[Atticus]

No regular nights care at the kids request .............. The sole carer is formally seeking more $ in addition to assesment, through 'special circumstances', that being the kids mental health issue.

So if overnights stays are irregular, what level of care are you being accessed on?... is it 14% or less?

Is she seeking a change of assessment under reason 2 (special needs of the child)?

How many kids are we talking about & is she claiming they all have the same special needs?

 

[MP78]

So if overnights stays are irregular, what level of care are you being accessed on?... is it 14% or less?

Is she seeking a change of assessment under reason 2 (special needs of the child)?

How many kids are we talking about & is she claiming they all have the same special needs?

100% care to her. 2 teenagers.
Neither parent is seeking a change to care percentage. One parent is however claiming additional to maximum support, due to extraordinary circumstances (mental health of kids), together with claiming she can't afford to live. She has no mortgage and chooses not to work.
CS is thousands a month as it is.
Her claim may well be successful, the issue is more with how a GP has formally made a recommendation on her request (addressed to the CSA) that the children should live with that parent for 'their best interests'. It's very odd, especially addressed to CSA, and included in the parents supporting evidence to claim more money. I don't feel a GP can make any recommendation about care arrangements. Health and care yes, but assessment of who the kids should live with...?

 

[Atticus]

100% care to her. 2 teenagers.
Neither parent is seeking a change to care percentage

Maybe I'm missing something, but if she is assessed as having 100% care & you're not seeking a change what doe's it even matter if a GP has an opinion that the 100% care arrangement should remain.... The other report you mentioned just confirms a 'mild mental health issue with positive prognosis' ... Doubt that would be enough to justify any increase.

Look, I don't know what 'formal' process she is pursuing via the CSA, but a change of assessment based on special needs of the child (which includes mental health issues) is what is known as a reson 2 COA . If that's the case, & if she is successful, as you have less than 14% care I recommend you seek to make direct payments to the treating specialist (known as a prescribed non agency payments) the amount may then be able to be deducted (at the rate of 30% of your assessed liability) from your normal assessed amount of monthly CS.

Read this for more info on PNAP's >>>> 5.3.1 Non-agency payments | Child Support Guide