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Who wants to be dictated to by the State on how you support your children what, how and when?
Whilst many views float around arguing for and against child support, most decent fathers and parents would argue the issue is not whether or not they wish to support their children, but rather the often unfair conditions imposed upon them.
Simply, it's an attack on the nature of a father's freedom and how he best wishes to raise and support his children in the many different ways a responsible father can, which are often more effective and benefical to a child than any 'slap-bang' instrument of government and statism can ever be.
For a father going through separation/divorce, experiencing the loss of family and children, horrendous false allegations, litigation, uncertainty of where your children are and how they are doing, often causes ill health, work and life instability in so many ways. Also, the effects from not having a fully functioning and emotionally present Dad in a child's life can be equally, if not more devestating as their development can be hindered considerably.
Then if that isn't bad enough, along comes an assessment from the Child Support Agency (CSA) for an outlandish sum of money based on your capacity to work at the highest rate when you were fit and able and on fire, which is possibly a stark contrast to where your financial position is today, or will be in the future if you are unable to recover from the upheaval of a traumatic separation that's often compared to a fate worse than death.
From 2006 CSA powers in Australia have increased to not only garnish your wages, but directly withdraw from bank accounts any amount they deem appropriate, siezing assets of any sort to pay the often highly questionable and unjust debts. As Fathers are assaulted with such draconian measures, one can only feel a sense of dictatorship giving rise to a totalitarian society not a free Australia causing fathers to unite and fight for their rights and freedom.
As there are many issues surrounding child support and the effects upon fathers, children and families,
Ky if your x has started his own business and its in a company name then csa cant touch any money from that business and have to go of what he says until he does his tax and only if he does his tax
If i earn 206,000 have 2 dependants already and pay $20k in child support for one child and another case is opened for a fourth child will i be paying another $20k?? So $40k??
They can't just fabricate numbers, although they think they can. Lodge an appeal immediately with the AAT. If you are being 100% honest here you will win. Do not wait as there are time limits.
this has never happened to me but i am not surprised at all.
CSA seem to have an unwritten law within themselves. it is a very unfair system. an example of how unfair the child support law is that if you underestimate your taxable income you will have to pay the difference at the end of the financial year and possibly a fine as well but if you overestimate your income you will get nothing back.
WHO WROTE THIS UNFAIR LAW?
I have been tying for a week to contact father4Equality.or an email address/phone number
I have a question regarding the CSA's calculation of "Taxable Income" and "Adjusted Taxable Income".
My tax return for the year ending June 2015 has been submitted timeously, and the ATO has mailed me my Notice Of Assessment.
The CSA has ignored the ATO figures, and have determined their own "Taxable Income" amount, significantly higher than the ATO amount. I raised an Objection to the amount, whereon, the CSA rejected my objection, and increased my Taxable Income further.
I am attempting to understand the legislation, with reference to this page : http://guides.dss.gov.au/child-support-guide/2/4/4#amendedti
The page states :
Generally, a parent's taxable income is the amount assessed by the Australian Taxation Office (ATO) under an Income Tax Assessment Act for the relevant year of income
I do not have any Foreign Income, Fringe Benefits or anything else that would trigger the use of an Amended Tax Assessment.
Within the framework of the law, are the CSA allowed to do this ? Am I missing some information, or is there more recent legislation ?
Any responses would be appreciated.
I have signed the petition, and have posted it to my facebook friends to do the same if they agree.
I think the petition summarizes the unfair practices of the CSA perfectly.
I hope that this results in something positive.
CSA provisioned my income at $96,806. I changed this within 2 weeks to an estimate of $56k. it was ACCEPTED.
a year later, lodge tax return. $55k.
instead of them finalising it at $55-$56k, they put it back up to $96,806 - WHY???? and HOW????? and WHAT the heck do i do now? other than stop paying. (i support my son directly, CS is just my ex wife's pocket money)
CSA have then sent new assessments that don't reflect the ruling of AAT so I'm back into it but it's a fight that I'm not willing to give up on. I now refuse to pay child support, I have a DPO against me and a Domestic Violence order (cleverly constructed by the ex-wife to win support for child access restrictions even though I have 50% custody already). QLD, being the nanny state that it is, treats a DVO as if you have killed someone and the accusation is one of 'you are guilty, now prove your innocence'.
I propose that every parent across the country coordinate a period where no-one pays child support. If no-one pays, the system will grind to a halt and something will have to be done. There are millions of payers of child support. This will create chaos. So, instead of complaining, let's do something positive. As of 1 Jan 2016, stop paying. If your wage is already garnisheed, quite your job...I did. I know it's not that simple for some but drastic times require drastic measures.
I have read many comments on this forum and all I see I rational parents wanting a fair go fair access to and for their children, it is no wonder the less educated and not so stable partners crack under this system of inequity and unfair rules
Two cases below whereby CSA has proven to be unfair and run by individual officers with some personal conflict - I believe.
My case is one whereby the ex-husband left the country willingly and continually lies to CSA on his earnings and providing outdated info - CSA swallows it whole. I have worked very hard to try to make ends meet, but the ex and his family continues to take me to court for one thing or another. These court processes and under payment had financially crippled me. I raised these cases to CSA about my need to increase support but CSA continues to ignore and be gullible to swallow his side of things as he is the dean and professor of an overseas university (I was once told he cannot lie as of his position). I am just a temp - working from contract to another and being the responsible parent.
In a case of a father I know, he HAD to leave the country to earn a living and was willing to pay based on what he earns but his ex-wife continually push CSA with false information which was in bridge of so many laws (again no justice - every department just palm it off as "not our case - child support" so the legitimacy of that info is moot). CSA claims he earned at least 200k (p.a.) in the five years he worked but has no real evidence other than the ex-wife giving out false info and not substantiated. The father asked CSA to prove themselves; and CSA said they don't need to but the father has to prove otherwise. Yet CSA refuse to accept the information provided and also made it difficult for the father to return to Australia to do his taxes due to put in a departure prohibition order (DPO)imposed. He escalated the matter to SSAT and they took him to court and put a DPO on him. This DPO means he cannot leave Australia once in; logically this boils down to- 1) see your kids and be totally unemployed and owe ex-wife/CSA thousands of dollars; 2) Don't see his kids and have no relationship, still owe CSA/ex-wife and have this SSAT case hanging. Basically this guy is badly ripped of his rights as a father to his kids by CSA & SSAT and also his human rights. The Family Court continues to be in denial after many cases brought up as their hands are tied when it comes to CSA and SSAT who seems to have this "invisible cloak of protection" against any law. Why?
In summary, CSA (child support australia) is now no longer here to support the children of Australia in an unfortunate circumstance of a divorce. CSA is to ensure children of divorce will continually be deprived of rightful support - financial and emotional from the rightful parent.
CSA and SSAT now has the ultimate power over human rights in Australia when it comes to a divorce. The vile ex who can find a supporter in CSA is the winner.
The so-called Government regulations is just a pretense of fair justice in process. The update on regulation to allow the government departments like CSA & SSAT to be protected from all court cases is in place to protect future court cases against the government is now making Australians stripped of all human rights.
I now wonder about the national anthem that I had once been so glad and proud to sing; is it of relevance?
I was once a proud Australian; now I am sadly disappointed in reading and knowing how much injustice is upheld against my fellow Australians. Come on Aussies - can't we all do something about this CSA, SSAT and family court?
Last year my "provisional" income was stated (by CSA) as $96,806.
I promptly changed this to $56k. my estimate was accepted so for the year i paid CS based upon an assessment of $56k.
THEN i lodged my tax return. my taxable income was $55k.
THEN i received a CSA notice saying $96,806 and i now had a debt of $5k! how can they do this? my estimate was accurate. it was accepted. how can they revert back to their ficticious figure????
I've seen some comments about setting up as a consultant, does anyone have any good links or guides on how exactly this works? I work in IT so it could be a good option for me.
Here is a rather lengthy story of our situation as in regards to dealing with the CSA.
My husband has two boys that he is paying child support for and has done ever since we met in 2006. They had been separated 18 months when we met & she left him for somebody else.
We also have a 5 year old daughter. My husband's ex stopped him from seeing his boys not long after we met & we currently have a restraining order against her for malicious text messages & abusive phone calls. So she has 100% maintenance payments. We are struggling to make ends meet.
The worst of it all is that when my husband went through cancer in 2011 we notified CSA that he was no longer working through ill health & thought that the payments would cease until he was working again. After 6 months of chemo & radiotherapy he started back to work & CSA backdated the child support payments to include when he was off sick. When we tried to appeal we were told that if you are in arrears it still gets backdated. Same if he was unemployed we would still have to pay.
To top it all off when I did my tax return last year I had CSA deduct half of it saying I owed this for my son from my previous marriage for arrears in 2010. How come they can backdate money you are supposed to owe but if you said "I wasn't working then" they say you have to notify them straight away & you cannot backdate. It's all bollocks & sucks for any man who decides to start a second family. Where is the money to feed & clothe our 5 year old daughter?
These cowardly thugs have been asked to call me afters hours to reduce the risk. They refuse stating they don't work after hours. Too bad.
I have requested that all communication go through the normal postal system. this isn't favourable for them because it makes it harder for them to threaten you when there is a paper record and there is no "filtering" by the retard on the other end of the phone when she enters one sided notes of the conversation on her computer.
In my situation my ex got the luxury of having 2 cash cows
One is me after she divorce me 4years back and the other from the bloke he divorced last year summing up to 2 kids from me and 1 kid from him
I'm so angry about CSA because even you don't have any income they still charge you child support and they will tell you that is dept to the government that need to be payed back when you get a job again
While I was struggling to pay bills and going through my own family as I also remarried and have 1 child not even having any savings left for my own me ex have a luxury life having 2 people paying her child support and going shopping for clothes and bags and some shit for her own
I think the government should use their brains to figure out what if us fathers desides not to work anymore because of the fact that it's better to suck up on Centrelink money than to work hard and pay more child support
For us fathers it's really unfair and this government is stupid
If you think about it if no one works in the family and you pay rent and you have children we can actually have more money and time for ourselves and just bludger on Centrelink
This is the reality here in Australia a fucked up one!!!
You can ask a court where pending legal action may impact the amount due for a stay order.
There are two types one that stops csa giving money and the other one that stops collecting. The debt still accrues however
My ex has voluntarily left her last 6 jobs and my payments escalate as a result. All my COA's were declined. I feel your frustration mate. My wife and I planned a baby and bought a house and now have been blindsided with a near double in CS payments due to ex's decision to leave her current job and start a business. We are now financially on the ropes. I sat down to object, but everytime I read the letters and lies,and knowing the bias of the case officers, my stress levels go through the roof. My wife and I decided to leave it and get on with ours lives. We are happy, and we know that she is still bitter and angry. A lot of people here will disagree with my thinking, but until legislation changes, those of us who are doing the right thing will always get shafted. The burning feeling in my guts when I think about this is subsiding as time goes on, and I want to be happy and content around my wife and kids, not bitter and grumpy.
I have 2 boys, one is 14 eldest son turns 18 next month, but payments only drop from 430 pfn to 360pfn...work that one out!
Just look after your health and your kids mate.
If you have the time and patience to object do so, but as Real CSA points out, you will be wasting your time.
My accountant advised me years ago to get my car on a novated lease. It lowered my tax but ex alerted CSA and they ended up taking it from my Gross pay anyway and it now doesnt count. You have to start your own business and fudge the figures to lower payments...but that wouldnt be responsible parenting would it...Its a pity CSA dont see it that way.
Seek some advice. I know seeing your child is most important, however, if you don't have to be paying maintenance then you should stop it as soon as you can. Let her pursue it from India.
I would be surprised if she is able to apply to the CSA for support when she is a citizen and resident of another country...
I appreciate both of your comments.
I have submitted a new letter today to the CSA rebutting the claims made by the other party.
I will let you know how it turns out. In the mean time I will watch this page with interest.
There are many things you can call the CSA - however, helpful and equality between the sexes when it come to the decisions they make is not one of
Thanks again for your kind advise and take the time to respond.
Also, she made the choice to leave work to have a baby, apply on that basis, they can't refused your applications. Pester the shut out of them then go to the AAT if they continue to refuse your applications. Don't let these Nazis push you around , they really are disgusting in their actions and attitudes.
It was a great relief to see there are other fathers in similar situations to mine and see that I am not the only one who is frustrated with the poor and one sided assessments of the CSA.
Just by way of background - My ex-wife has had a baby with her new partner and as a result she has taken time off work. I am now forced to increase the payments because a) she has a new baby and b) she wants to take time off work and therefore reducing her income.
Whilst I don't mind paying my share I don't see why my payment has to increase because of decisions made by her.
I work for a government body and as a consequence I cant do anything about my salary and I am forced to pay more than what I can currently afford. I have a bit in savings, however this will eventually expire.
I have submitted a request for review and hat seems to be falling on deaf ears.
My question, does anyone know of a good accountant to enable me to reduce my "adjusted taxable income" - as you know the income the CSA uses to make their assessments is based on a "adjusted taxable income" - not the figure the Tax Dept claims is your taxable income. Therefore I am after an accountant who can identify a way to reduce the adjusted taxable income amount. Again I am happy to pay what was considered the same amount before. But, for the life of me I cant see why I have to pay more as a result of her decision.
By finding legal ways to reduce your "adjusted taxable income" This then allows me to bring the amount I have to pay to a reasonable level as opposed to the over inflated level I have to pay now.
Thanks for your time and good luck to everyone.