VIC Impact of travel costs on Child Support...

[Mollis]

Good afternoon all...

I have just received a call from the CSA informing me that my ex wife has submitted and application to have a change in assessment made for child support.

Situation is:

• Ex wife relocated to the UK having lost her court case to have the children relocated there.
• Both children (17 & 13) reside with me in Aus for 50 weeks of the year.
• Agreement was made in the Final Orders that she would cover all travel costs for the children visiting her in the UK and I refused to agree this should replace any financial support for the children's day to day costs.
• I opened a case with the CSA two years ago but up until this point she has only submitted one document claiming she has zero income.
• She is living full time with her new partner.
• I am single and covering all child related costs.

We currently receive no financial contribution from her and have no expectations that we ever will, however, the idea that I could be asked to cover or contribute to the costs of the children flying to the UK each year is surely laughable given it was her choice to relocate.....right...?

I am reading all I can find on this but thought I'd see if anyone has any experience of this.

Thanks in advance

 

[sammy01]

Call CSA don't give them your name - give them your hypothetical. See what they say.
I reckon that csa have a rule that IF the travel costs to see kids is more than 5% of the payers annual income THEN the travel costs (or part of them can be taken off CSA payments.
Hypothetical 1 - She earns $40 000 au. The cost of travel for the kids is $6500 - more than5 % she would have a claim for the $6500 OR some of it to come of her child support payments. But she doesn't pay child support so how can she have the travel expenses taken OFF her payments? Hopefully she can't.
Here is a link to the rule
2.6.7 Reason 1 - High Costs in Enabling a Parent to Spend Time with, or Communicate with, a Child | Child Support Guide
I hate to say it but csa get it wrong as much as they get it right. If they get it wrong appeal. There is no way a parent with 90% care like you have should pay the other parent anything. Not unless court orders stipulate that you have to pay.

 

[AllForHer]

Back up a bit, here, she's asking for a change of assessment? What does CSA want from you? Just proof of care arrangements?