NSW Receiving Parent CSA Debt

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Mia123

Active Member
14 February 2016
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hello, I as the receiving parent of Child Support have received a substantial over payment of child support.
the paying parent went from a very decent salary to now his 2017 taxable income being $0 (zero). so for the last 3 months he was still paying child support based on his higher income and not based on his $0 so i now have to repay the last 3 months CS back.

my issue is that i thought both parties had an obligation to advise CSA if there is a change in your income so it could be updated for both parties to pay and be paid as accurately as possible.

i am not in a financial situation to be able to repay this money back. I know that CSA will most likely come up with a payment arrangement to pay it off however with all the medical expenses i have to pay for one of the kids and now not receiving child support i seriously cant even afford to pay $5 a week. Is there no onus on the paying parent to have reported this huge change in income when it happened. i feel like im suffering the consequences of his choice to not ring up and advise? or is it a i have to suck it up, dont fight it and pay it back thing.

I wont be able to ring CSA until Friday so was just hoping for some advise.

thank you in advance for your advise.
 

AllForHer

Well-Known Member
23 July 2014
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CSA is recouping from you? That's amazing, we overpaid for six months and I'm fairly certain we are never getting that money back.

Regardless of the other parent's obligation regarding disclosure, it doesn't exempt you from the fact that you were overpaid, so if the other parent has asked for that money back, CSA can collect it from you. Realistically, the decision itself to change a child support assessment can take three months to be finalised, so that kind of delay isn't uncommon.
 

Mia123

Active Member
14 February 2016
7
1
34
thank you so much for your fast reply.

yip they sure are, i received the new assessment yesterday which had a small paragraph stating i was overpaid and i will need to repay it and today i received a letter that made me feel like i had done something wrong and that i need to contact them to discus how i am going to pay this money. it stated that if i am due for a tax return shortly the ATO may withhold the money to repay the debt if im in financial hardship that i need to contact them before any tax gets done to discus if its an option that i still get my tax return.

i understand i was overpaid but it just bugs me so much that if he had just made a phone call one phone call i wouldn't be in this situation of pouring over my strick budget to see whats going to give to pay it back.

you mentioned "so if the other parent has asked for that money back, CSA can collect it from you" so he could have said no if he wanted to? he specifically requested child support recoup this money from me?
 

AllForHer

Well-Known Member
23 July 2014
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Well, for us, CSA really put the pressure on to gift everything we'd overpaid, meaning CSA wouldn't have to go to the trouble of trying to recover it, but we have bills to pay, too, so we weren't interested in gifting. Ironically, it's now more than a year on and we still haven't seen even a single penny of what we overpaid anyway.

So, yes, he could have said he was happy for you to keep it as a gift, but its money you're not entitled to, so he's also quite within his right to ask for it back, too.

The other thing to remember is that even after reporting the change of income, he would have still been obliged to pay child support in accordance with the old assessment while waiting for the new assessment to come through, which could well have been three months...
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
It may have taken CSA this long to stop payments he requested months ago.
 

sammy01

Well-Known Member
27 September 2015
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why has he gone from a 'fairly decent income' to an income of 0.... I'd be challenging on 'capacity to pay'
But my experience has been like others here. I over-paid. They gave me a credit and I didn't have to start paying again until the credit was cleared. But my income didn't change to zero..... But I'd be challenging the reason for his income to be zero....
 
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Mictoppo

Member
27 November 2017
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My suggestion is everybody pushes for individual assessments. Here's a good story:

My daughter is 12. About 7 years ago, I had not done my tax for a few years. As child supports legislation ( their favourite excuse for lack of knowledge) is, they run on the last years taxable income completed. I ended up with a debt which I repaid.

After completing my tax, I received a number of calls, as my tax returns went through. In each case, I had overpaid each year, ranging from $10 to $100. I was told I would receive this money back, the operator even seemed to enjoy and explain how they can garnish incomes. I refused the money.

I was then advised that I needed to make sure I registered for centre link immediately if my work ceased (I was contracting at the time) as they needed their money, $13 a fortnight on the dole I believe. Nearly insulting to the Mother?.I won't repeat my comments to her, and I never walked into centrelink, against common beliefs, there is plenty of work.

Right now, again, I am a few years behind with Tax. I have spent the last 3 years"roughing it" mostly in Tasmania. I did work sporadically, but rarely. I am now back in reality, regular employment. Which will be full time eventually.
I did not ever contact CSA so I could attempt something. In this time, I have accumulated a $8000 debt.

My calculations put me at owing between $2500 and $3500. Please note, I have not seen my daughter for 10 years, my ex is part of a family with both money and connections, she left the state unannounced, placed an unnecessary DVO, sued me for a credit card debt and attempted to have my surname removed from birth cert. I had a drinking problem, the catalyst. I was not violent or unfaithful, I was absent, passed out on friends couches. I ended up in a rehab after we broke up, and I carry this regret everyday.
Back to the point, with my wages now, I pay $77 a week, and another $100 off the debt. Deducted from my pay of just over $650, my rent is $220.

I contacted CSA, and after asking for my case manager to call me regarding reducing debt payment, he/she was on leave. Last time CSA did not run credit, this may of changed. I explained my situation and was told that since I had regular employment, a phone call could not be guaranteed, my case was fine. And until they worked out my taxable income my debt repayments could not be changed. Since my weekly repayments were $77 per week, and there are 52 weeks in year I expressed my confusion. My work is regular. Legislation. I hung up.

I will/am paying this debt, and after doing my tax, I will get backpay yeah? Before you hate me, I don't want this. I don't think its fair to leave me earning a small margin above the dole/ disability, doctors love people like me. Try this ....no you can't work. Another topic I have problems with. I am, and will continue working. I also don't think it is fair for my ex to be, in a way, financially punished because of my lack of worrying about doing a tax return. We all, mothers and fathers, need to push for individual assessments. I am more than happy to sort my tax, and pay my debt, and not have CSA persue her for a debt incurred through legislative lazyness.

I am in the process of seeking contact, my plan is to fly from Sydney to Qld, every 2 weeks, and on a day that suits, maybe have a 3 hr block, when its suits them, an unsupervised visit, a park, bowling alley, my daughter dances and I do rock n roll myself, plenty in common. This is a court matter I know, not relevant here. If people agree this is ridiculous, we should still make a serious attempt at trying to start some reform. There are many in my position, and many on the other side who are ending up with debts, sometimes extremely detrimental to their financial security and the welfare of children. Add to that loopholes, blatent cash work, and adults embarrassing themselves in family court, losing houses. Lawyers win.

I know it's going to cost me money, but in my case, and I have given the truth,( I could hang some dirty laundry from both baskets and turn full hypocrite), should this be a simple process, involving us 2, our lawyers and a judge finalising. To get back on track, I'm hoping that somehow I instigate something. I myself struggle with politics, more politicians to be exact,and would probably not be a good first impression to some. But I believe my situation is duplicated with many, and all we have is uninformed telemarketers to deal with our lives, not one is identical unfortunately. For me to pay a debt i can easily prove with bank statements is highly inaccurate, and to have the other party hit with a bill from nowhere immediately after is ridiculous.

If someone believes this is worthwhile, and more importantly achievable I'm open to do what is necessary. This will not be easy, but I feel its a common cause that we can persue for now, and future breaker upperers (That sounds terrible) , while putting the conflict between couples aside. We all liked each other enough at one point to have a child don't forget.
 
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