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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,
Fathers rights= bullshit
Not sure what your grounds are - but happy to chat if you want any insight to the AAT.
leave some contact details and I will call or email you - then we can arrange a call.
what is a fair deal when it comes to paying flight costs interstate when I am already paying max CSA and will increase more once the court allows ex to relocated to Victoria from WA and then I wont have my kids as often therefore my CSA payments will increase. My ex had an tax income of less than 3thousand due to self-employed but remarried and obviously not declaring her true income where mine salary is high in mining.
I'm sharing this letter I just wrote to Child Support Help Australia.
I'm sharing it with this forum for some advice we are bumming out big time
Hi my name is Robert Lucas. I have applied a couple of times to speak with you about my current situation.
I urgently need your help urgent please. I have just read an email that says I am not allowed to leave Australia. My wife and family have organised a 2 week trip to Bali to celebrate the coming of my 50th birthday. We are suppose to fly to Bali this Wednesday 08th March and return to Australia on 22 March. I have not worked for the last 18 months due to a back injury and I'll health. My wife is the bread winner in our family. Everything is paid for and we cannot afford to cancel anything as we will lose all of the money. This is a surprise birthday present and renewing of our wedding vows with our 4 children. I was only told about it on the weekend.
I am in tears right now as I write this letter. My children are excited as are myself and my wife as this is such a milestone in our lives. If I had money to pay I would but I don't. My wife and children don't deserve this. I don't know what to do I'm devistated to say the least. I'm reaching out to ask for your help we only have tomorrow to sort this. I pray to god that we can get a positive result. Or I may be getting a divorce instead of renewing my vows. My wife and children have sacrificed so much to make this trip happen😩
Below is a copy of the letter
Im happy and prepared to pay for my child, but am grudged by the hard tactics and regulations imposed by CSA. My query is if i venture overseas, to a reciprocating country and start work there, how the hell do they find out? my guess would be first through immigration to find out where I land , and then secondly by checking tax system for my details in the country. Would this be a fair assumption, or as some people have advised that as long as i declare myself as a non-resident after 6 months out of the country then CSA have no way of getting at me? does anyone have similar experience or knowledge to be aware of in this situation. I'm planning to leave by Mid march. Any thoughts appreciated.
any help appreciated
Has anyone came across the predicament of the other parent actually working for the CSA?
I put in for a change of circumstance because i am not working at the moment (lovely wife supporting me) i also finally did tax so my taxable is now lower then what they had me estimated at bringing the child support payments down. The other parent has put in an objection about it.. The kicker is she works for the CSA and therefore would know all the ins and outs and the correct things to say. Also how am i sure that the "case" worker is not her friend having a good chat to each other? would love any ideas or info on how to deal
If you have consent orders in place did they have a relocation clause in them ? If they didnt she cant move without you agreeing. As you have found them and they are back in your home town the courts wont let her move with them again unless its in her and the kids best interest as in she got a better job or remarried. CSA is in place for a reason so its to be used on the kids and it will have to cover their air fares.Also when you go back to court ask that if she moves ( only on court agreement and your ) she has to cover all costs of travel to you.Also all csa payments can be claimed on tax that started about 2 years ago I think just need proof you pay it
Dear Ms Campbell
Congratulations. Last night a friend of mine committed suicide by gassing himself in the car he had been forced to live in by your department. Whilst restricting all access to his children the CSA garnished approx 60% of his wage and left him unable to support himself.
The social/socio-economic repercussions of direct action from your dept is nothing short of disgraceful and inhumane. Homelessness, domestic violence, tax evasion, unnecessary community angst are just some of the issues that you appear happy to turn a blind eye to.
If i had known my friend was in such a bad way i would have offered a roof over his head at least, but it seems the embarrassment he faced everyday and the depression he inherited from not seeing his children and the lifestyle you forced him to live stopped him from reaching out to people who could help, and subsequently led to his death.
You are a disgrace and everything your dept stands for is flawed. You dont care one bit about the children, all you do is promote legally assisting women in this country to use their children as pawns against their fathers.
If your dept wasnt as malicious as it is im sure a large majority of these separated couples would be able to work together in the best interests of their children.
I hope you sleep well at night on your $500k+ salary a yr and blood on your hands, you will forever be known as a murderer and the worst Human Resouces Secretary this country has seen.
R.I.P. TK.......he was a good man, a good father and deserved better. If you would like the details of his funeral so that you can attend and see what your handywork has done first hand i will be happy to pass it on to you, dont expect a kind reception though.
Sent from my SAMSUNG Galaxy S6 on the Telstra Mobile Network
Thanking you kindly
Law firm investigated over alleged abuse of intervention order. A Melbourne law firm is the subject of a police investigation over claims it threatened a man to accept a low valuation of his former matrimonial home or he would be pursued in court over breaches of an intervention order.
The most recent data from the Magistrates Court of Victoria reveals a 10 per cent increase in 2014-15 in the number of applications for intervention orders from the previous year. Most of the 72,625 applications were made by Victoria Police, which has placed a significant strain on the resources of law enforcement agencies and the justice system.
However, Melbourne barrister Michael Challinger claimed intervention orders were increasingly being used to provide leverage during legal negotiations, which imposed a significant burden on the court system and police.
He said the legal process required a mechanism to filter out spurious intervention order applications.
"No magistrate wants to make a mistake, then appear on the evening news when an application has been refused and something terrible has happened. But orders do more than restrain violence. Often they separate a man from his children or evict him from his home," Mr Challinger said.
ex moved away with boyfriend while i was working FIFO took the 3 children.
She gets max csa payment - 53k/year tax free
She gets the dole and family benefits - 25k/year
I pay my flights to perth from Brisbane job is ex perth
When I see my kids ex demands a return flight for each child before she lets them go..
Ex gets more cash in hand each week then I do and she won't work.
Heres the worst of it..
My daughter finished school and the ex pushed her onto the dole, then charges her rent (more money for ex)
My daughter had enough and came to live with me, they cancelled her dole payment cause of my earnings, yet she can get on the dole living with the ex who rakes more money then I do a week due to benefits and csa..
now the ex is using that as abuse against the daughter,
stay with ex and daughter can go on the dole, (ex gets more rent + CSA)
stay with dad and u have to work as u cant go on the dole..
the dumbass who wrote the legislation really fked things up for the kids..
the ex has been on the dole for 5 years and fked the kids over the get full CSA..anyone else would be in jail for fraud/abuse
but not the women..put your hand up and repeat "domestic violence" 3 times and get anything u want anytime..free legal aid, lifelong benefits.
i don't and never have abused a female or child..current affairs get onto this and shame the ex's and politicians..
the underlying factor to the increase in family violence and abuse ?
My ex has filed a CS Claim against me, I owe back pay now and will be left with $320.00 per week to live on. I have my son 50/50 he's brainwashed our daughter to stay with him 100% My son won't stay with me 100% as he's frightened of his fathers actions, as I am. I am thinking of salary sacrificing to reduce taxable income, but not sure how that will effect my payments to him long term, my son is 15yo and daughter 16yo. You hear of men getting screwed, well I can tell you I know a lot of women getting screwed over and losing their children to the courts also. The whole system is flawed, giving so called rights to 13 year old children who are manipulated by a parent. I've been through hell and back and it is still continuing...
make sure you dont have any outstanding money against you with csa other wise they can stop you at airport. My x has outstanding with them he got his passport to go os and was stopped at airport and told to pay it all or go home wasnt aloud to leave aus.
Later this year I am moving over to the UK to work, marry etc...
I plan on still paying my entilements, but outside of the CSA.
Anything I need to be aware of for me to do this. I will of course be returning to Australia every 18 months to spend time with the kids but I currently have 47% care. Huge decision from me and I don't want any nasty surprises
for some time now ive cared for my son 6 nights in the fortnight but the monthly estimate is saying i should be paying say about $184 a month but the have been some times talking out 40-48% of my second job, last fortnight my second job paid $680 and I have noticed they took out atleast $320 from that, i was left with $360, my rent alone is $620 for the fortnight. one lady at csa mentioned i could file for hardship, i am back at my first job now and they are not taking any from there now, at one stage they took out 11% from both jobs. I negotiated with some one there for just taking that from one job. i did not recieve any noticed they were going to ask my employer for $159 a week they told me they tried to contact me to discuss it but i didnt get a call from there, i told them they could have sent me a letter online but they didnt, has any one gwt any advice??
Dad's in distress and other groups have organized a Dad's and kids day in Guildford in Stirling park just behind Alfreds kitchen for this Sunday the 12th of Feb between 12.00 and 4.00.
There are heaps of things to do like animal farms bouncy castle other rides and sausage sizzle and heaps more.
Come and join the fun with your kid or not with your kids.
Together we can make a difference.
Divided we will fail..
For more details or just a chat give me a call.
0419 926 521
Check out "Child Support (Assessment) Regulations 1989" in particular part 7 which no one in child support will tell you about.
This has to do with all aspects of income acceptance by CS
Don't rely on the DHs, PHs, DHS's and other agents and trustees of the state to help, they live in a different world, it's just us common brothers and sisters who go through this heartbreaking shit.
Ask yourself, do you as a man have a contract with a fiction named CSA? Bahhh.. Get them to prove you do.
All tom foolery and christ knows how many fathers have been sucked in over the years, sending many over the edge through not realising there is no debt. Whilst ignorance of law is no excuse, shame...shame...shame on all those agents who partake in such fraud.
Show me your support or I cant do it on my own..
I need to know that we can help and make a change with these fuckers.
The more i have sent emails and texts to them the more suisidle they hope I am.
Fuck'm not doing it, they can just f'off..
I want to fight so for fuck sake people help me to fight will ya???
Who's got some nut's???
email the minister for human services and tell them what a bunch of low life no felling pricks they are.. Don't hold back..Let loose..
They keep calling me and asking if I'm suicidal and are disappointed when I tell them I'm a fighter and wont give in to their wishes..
Also ask for the ministers resignation as the f/wit is an
ass whole or just a complete D C.
So removed from the reality its just neglect on his behalf.
Human services my fuck'n ass.
Should be called Human suicides and CHILD SEPARATION SERVICES AND ABUSE..
Just a huge industry that don't give a fuck about our kids and what the DEMONS are doing to them.
Time to stand up people!!
Email that Prick and tell him what a blind fuck whit he is..
And I tell you where is Hinch and his Justice party??
Also P. Hanson and her I'm for all Australians??
another COUPLE OF FUCK WHITS only in it for them selves.
Fuck'n gutless bunch of useless no good wind bags, well fuck too them big time.
I should have the resources to stand for thew senate next time and give these fuckers what they deserve.
If I know I will have enough backing I will use my resources/money to get there and fight for us all..
Have you heard of Iron Bar Tucky??
He will have nothing on what I will do to these low life scum bag f'nk bastards.
Like many others i use this site to vent out my frustration and maybe spread some awareness. Otherwise i would be a bottled up anger monkey.
I have been through this long enough and understand things very well not just the csa. The whole csa/family flaw is a product of this system/left regime , and if you want to change any of it you need to change the system otherwise its just a futile quest to satisfy your own personal blind ego. But good luck if thats what you want to do,its your choice. It not nice to read what can or cant be said on this site by people. Thats what the csa does to us very well is dictate and force.
Isn't that what political correctness does , censorship through intimidation.
Ive fought the csa,legal maggots the ex,sick of it ,dont need to come here and wrestle some more. Besides i do enough of fighting the fight in my inner circles.
Why is the court involved when CSA have a job to do and their own laws prevent them from doing that job making it more difficult, time consuming and costly for anyone to have anything corrected? Maybe it's free but time is money. The courts also cost taxpayers money... Judges are paid money... Its a huge expense all because someone wrote that CSA cant go back more than 18 months.
its a lot more complex... I was self-employed and about 8 years ago i was fined $120k by the ATO for late returns with interest... About 2 years ago I was successful in having the interest remitted (forgiven) but that amount is then considered income and added to your real income... (adjusted income)... (e.g. you earn $60k and they add $120k, so you pay tax on $180k) CSA then take the $180k as your income and charge Child Support on that... Its a systematic fault in the system... I filed a special circumstances and CSA agreed it was wrong and reduced some of it but because of the Act refused to go back further than 18 months and refused to include one child that had finished with child support.... Then at the end of the last financial year, (for some unknown stupid reason) it automatically went back to child support on $180k. I submitted an estimated income and they refused it.... I should not have to keep submitting special circumstances (and bare my ass and soul) and estimated incomes when medical records already provided prove my incapacity to work... I should not have to start a court case or the AAT for their own systematic failures when they agree its wrong... WTF is wrong with these people??.... Another systematic fault is when medical records are presented they have no idea what they are looking at, and words they have never seen before... so they take the attitude of "it can't be that bad" or "maybe he is making it up"... CSA refused to allow me to claim medical expenses as a deduction from my "adjusted income" in some form of fairness that i'm disadvantaged....My medical reports state "permanent chronic illness", how much more do they want?...They have no concept of how physically ill this disease has made me and how disadvantaged my life has become... so all that aside, I have two options, pay the money or start a case... Like the Tax laws, the CS laws are written so that CSA can bend the rules to maximize pain and suffering... Which, if abused, is a "misfeasance" in public office.... If I had the energy and money I would sue each and every staff member from ATO and CSA that has made any decision to make my life harder.
1. a wrong, actual or alleged, arising from or consisting of affirmative action.
2. the wrongful performance of a normally lawful act; the wrongful and injurious exercise of lawful authority.
And btw... As of the end of 2016 i'm now finished with CS...Which also makes it harder because they say "case is closed, you had your chance"..... i just have to clean up these loose ends...
TIP: If CSA ever tell you that you can't claim medical expenses you MUST object because you can... It came back on their report that I didn't object when they refused, so they didn't do anything.
Did you put in tax returns over this three year period?
if you did your assessment for the new financial year should be based on the tax assessment not some previous year higher income. they just cant keep using an older period if they have the new tax amount.
You CAN get them to go back more than 18 Months.
read and understand "guides.dss.gov.au/child-support-guide/4"
Get all your medical records together , a letter from your doctor and any specialists, organize yourself and send complaint to AAT (a special independent adjudicator) no cost.
make sure you insist that CS in on the phone during hearing and not your EX (done over the phone)
THE AAT can also have penalties removed if you put it in your submission
You need to read this from
"Child Support (Assessment) Act 1989"
112 Court may grant leave to amend administrative assessment that is more than 18 months old
(1) If an application is made to a court under section 111, the court may grant leave for:
(a) the Registrar to make a determination under section 98S; or
(b) the court to make an order under section 118.
(2) The court may grant leave for an order to be made under section 118 if the court is satisfied that it would be in the interest of the parties to the proceeding for the court to consider, at the same time as it hears the application under section 111, whether an order should be made under section 118. If the court does so, the applicant is taken to have made an application to the court under section 116 for such an order.
(3) Otherwise, the court may grant leave for the Registrar to make a determination under section 98S.
They cant lock you in into the future if you do an estimate.
You can only be charged 3 Months CS back pay from time of AFC
(check they did this correctly) (some times 9 months)
If they did not do the AFC correctly you may have a case with the AAT despite delay due to not being informed.
rental return is income( but under separate law some may be a tax deductible)
please note no responsibility taken for suggestions although they are based on my battle.
If you had no job for a period your tax return will show less income so when the new year tips over they must use this as your next year new assessment.
Important .. if you then start earning above this average and don't tell them they will hit you with heavy penalties when the next year trips over.
If you start earning more you can do an estimate ,either before end June for full year or any time for remainder of the year.see section 60 of Child Support (administration)act.
Now ... Did you tell them you were not working? If you did they should apply section 65A and 65B of the ACT,(but they never do) this should reduce your assessment to $1060PA.
They never report this on their Cuba notes so ask them to send copies of Cuba notes and copies of the voice recordings the take on every call and compare them. They cannot refuse you this request.
Compare them if you told them SQUEEZE.
Changing your case officer is another tactic they use to delay. confuse and stuff you. Insist on keeping the same one.
Remind them of the Objects of the act (read it yourself at the top of the act)
They only by law are to make decisions according to the act or the Registrars directive.
You cant sue the Federal Gov but remind them that they can personally sued for damages if they don't follow the law. Gets their attention.
As for letters .... Check that they have your correct address and insist on a copy of that Cuba note call this will prove they have your correct address. With me they sent mail to a 20 old address and failed to update my phone number.
When you get "assessment letters" read the whole thing , the last few lines give you 28 days to object ( but more if you have special circumstance.. their is a list of these somewhere if you cant find i will look for you.
As for your 15/16 $42000actual earnings i think what they have done is that you must of earned more in 14/15 and they have recalculated on a under "estimate" which allows them to multiply your???error and put on penalties.
Section 55J tell them how to "GENERALLY" work out your new assessment. they follow this and ignore other provisions ie, not working.
Going forward you need to do an "partial Year ESTIMATE" section 62A of the act . Before you do work out all your income from June 30 last year till the day you do the "Estimate" over the phone ok but get Cuba Notes and recording.
Important .. if you start to earn more overtime etc you must keep abreast and report you extra before end of year .Do your tax return as soon as you can.
if you are not working 65A and 65B above should come into play
As for going forward you should do a partial year "estimate' if you are working or going back to work.
I don't think it costs anything to take them to AAT but you must know where they did not follow the AC. As for your delay did you have medical (Stress,etc) problems this allows an extension
Did you have a court registered "agreement" this locks parties in to some extent.
If you had a "private collect" she can only claim 3 months back pay from the time she made her "AFC" "application for collection"
If she made an "AFC" CS had to ask her certain questions which would (should of seen you get a phone call to confirm), They forget this bit. chase the case officer on this they will try to hide it.
Also push them to drop the penalties .it is within their power.