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NSW Is There a Timeframe That Child Support Agency Follows?

Discussion in 'Family Law Forum' started by Kyl, 25 September 2016.

  1. Kyl

    Kyl Well-Known Member

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    Hi,

    I recently won an application in a case to have my son returned after my ex took him - it's complicated so won't go into that. It meant that care percentage has changed. I had my son full time for 6 months prior to this as my ex moved out of area. It was his choice that my son live with me full time for the interim.

    When I won the case it was agreed that the ex had capacity back to cater for him and we went back to 50/50, which is fine.

    So, I rang child support (I am the paying parent) two days later and told them that my ex now has 50/50 again. That was a month ago and I've heard nothing from CSA since.

    My question is;

    As the paying parent, I would expect I need to pay my ex more as he now has more care of my son. Is there a time frame that CSA has to abide by in making the assessment reflect the change of care? Can they still back charge me after a certain time frame?

    Is there a time frame whereby my ex would need to respond and what happens if he doesn't respond (which I can't understand as he could be getting more money)?

    Basically I have no idea what is happening as nothing seems to be happening!

    Would love any thoughts
     
  2. AllForHer

    AllForHer Well-Known Member

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    So, in terms of timeframes, they usually allow up to 60 days to make contact with the other party before they make a decision. If they can't get in touch with the other parent, they will make a decision absent his evidence, and if he will then have to object to that decision if he disagrees with it.

    If child support is paid through CSA directly rather than by private collect to the other parent and you overpay, then what you've paid in excess of what you were meant to will build as a credit and you will stop paying child support until that credit has depleted. If they (or you) don't pay enough, then they (or you) will owe money. In both cases, the credit/debt is formulated from the day you gave notice to Child Support of the change to care.

    I may have read it wrong, but you've indicated that you think you should be paying more because he has the child more often than he had before? If so, that's not correct. If he has the child more often than the had before, then you would be paying less child support, because CSA will conclude he covers some of the costs of raising the child directly when he has the child in his care.

    You can request an update on progress for the change to assessment from Child Support directly if you want. The usual delay is just CSA being unable to reach the other parent, which means they can't confirms directly whether the advised change is correct, in which case they have to decide on the evidence provided.
     
  3. sammy01

    sammy01 Well-Known Member

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    call them and ask....
     

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