Scared of CSA debt (due to incorrect calculations)

[Gigi]

i have been officially separated from x since July 2010.
i physically moved out early Nov 2010.
no Child Support payments so far, (voluntarily)

X NOT lodging tax returns caused much hassle for me, when we were together. (e.g get me in trouble with Family tax a and b, stop the Family Supplement being paid each July for last few years).
Now his not lodging tax returns is causing yet more hassle - CSA needs the taxable income to calculate what CS he will be paying. They don't have the last two year's taxable income for him, cos he hasn't filed the tax returns, so they have to make a guess, based on the gross and net numbers.

So them making a guess, means they have calculated he will pay a much higher Child Support amount than i think will end up being the case. He is unemployed right now (great timing - not) and the CSA phone person, told me, parents on unemployment benefits would pay $6.90 per week. So the much higher figure i find out CSA expects him to pay ($50 a week) - well, all i can think of, is that i will have to pay back ALOT of money, when his tax returns are finally done (whenever that will be, i am not holding my breath).

i'm feeling so anxious about accumulating CS debt.
I don't think i should touch anything OVER 6.90 per week, cos i'm too scared i will be asked to pay it back in the future.
what to do with the excess
it feels so messy
i'm scared i will mess it up in the meantime
i don't want to have a separate bank account to "park" it in, cos that means more bank fees for me, plus i don't want what really isn't due to us.

this could all be a moot point
even WITHOUT paying CS for bilby, x is crying poor EVERY time i see him, so i can't actually see him paying $50 per week for her.
(He is already paying CS for his other child interstate)

it's just on my mind

i thought when i officially and physically separated from X, i would lose all the $$$$$ BS that came with being in that partnership. i feel like it's following me. CSA said i would bear the implications of him being irresponsible about lodging tax returns, until bilby turns 16. i had no idea.

i recently copped a $400 debt, from incorrect figures he gave CL way back in April.

And apparently, i won't be paid the Family Supplement in my own right, until 2012 - because we separated a few days AFTER 1 July 2010.

i know it's not the CSA's fault, they need him to do his tax returns, and all will be right. and no-one can get him to do the tax returns.

apparently three gov departments are hammering him to do them now.
i think the late fees (for lodging tax) will eat away at his rebate.
with ONE paye slip for each year, two for the last year, i have no clue for the reticience to lodge. they're not complicated tax returns.

vent over
i just needed to get it out.

bilby likes the bigger, spaciousness of daddy's place
daddy doesn't have drugged up people screaming swear words outside his place
she likes that he has an endless supply of mince pies in his fridge
she likes that she gets freddo frogs for doing what she's told
daddy got her bigger better xmas present than i could, and he has the space to keep it (wooden kitchen, that i physically have nowhere to put it here)
daddy has space to keep bikes, she loves bike rides

she doesn't know (and i would never say it) that daddy has not paid one cent of child support to me for her.

[LionsandBears]

I'm not sure about how the calculations will impact you but I do know you can get some accounts without bank fees. Some of the direct saver accounts which are 100% online have no bank fees, though you will accrue interest which you'll have to pay tax on (though it probably won't be much). Do you have to have CSA? If you need it, fine, but if you don't maybe it will be easier if it's not paid rather than have to pay it back. Can Centrelink help at all?

I assume the ATO know he's overdue with his tax returns? Otherwise I'd suggest dobbing him in. Some people are crap with doing tax returns. I had an ex who was so far behind as he owed tax and CS and thought avoiding it would punish his DD's ex.

[LimeSlice]

And in years to come, when the sparkle and coercive properties of Freddo frogs and big presents fades, she will know that you are the one who fought to find a safe, loving and happy place for her to grow up.
She will know you are the one who sacrificed to give that to her.
She will know that he dad didn't care enough about her to pay the child support he owed, or be man enough to live up to his responsibilities.



I have less idea about CS than I do about the mating habits of the aardvark, but I hope it gets sorted for you soon. In the meantime, I wouldn't count on it at all. Open a Dollarmites account at Comm Bank, in Bilby's name. No fees ever, it is in Bilby's name and you can leave any money he does pay there to accumulate until you know he is paying the right amount of money.

You have done such an amazing job to get to where you are, so strong and so much braver than you knew you were, don't let the red tape slow you down now. xox

[Amity]

The ATO will eventually take him to court to do his tax returns.
You can ask CSA not to pay you because you're worried about an overpayment - you can say I want XX and you have to keep YY in case of overpayment. This is what I'd do if I were you.

The other thing - if you ARE overpaid Child Support, then he would have to take you to Court to get it back (very expensive), whereas Child Support Agency will give him a "credit" on his account - ie if he's overpaid $300 which means he's six months in front, then he won't have to pay for six months. But this will only happen on a reconciliation AFTER he lodges his tax returns.

So spend what you get - he's only going to get a notional credit for it... especially if it's only $50 per week. And NEVER rely on him paying it anyway. They rarely do.

Good luck.

[briggsy's girl]

are you on private or CSA collect hun?
if you are on private, you HAVE to collect it - you have no choice - if FAO find out you're not, they will cut your payment for not meeting the maintenance requirements
if you are CSA collect, they will keep a record of what you get. they will make sure you don't get overpaid - and if you do, they will reduce the amount of maintenance you get later to pay back the debt. they won't make YOU pay it back, they'll just give you less each month
if you are unsure, don't spend it - but if you've notified them he's unemployed, and they've still done this assessment, there is a reason behind it (and unless he can prove it should be otherwise, it should stand - if it does end up with the comment that you've been overpaid, you can appeal it based on you having told them the facts on x date)

[Kitt3n]

And in years to come, when the sparkle and coercive properties of Freddo frogs and big presents fades, she will know that you are the one who fought to find a safe, loving and happy place for her to grow up.
She will know you are the one who sacrificed to give that to her.
She will know that he dad didn't care enough about her to pay the child support he owed, or be man enough to live up to his responsibilities.

^^ Yes, this. Gigi, I know EXACTLY what you are going through. It's hell, so very disheartening - huge, huge, huge hugs. DD1 though her father was god, as all little girls do (as they all SHOULD do!!!) - but so very quickly they really do see through all of the sugar coating, which really is unfortunate. Daddies should be god to their little girls. Sooner or later she will see how amazing you are, but for now those freddo frogs are going to be your arch enemy

Be gently, kind, and patient on YOURSELF. We all know you already are with Bilby

And NEVER rely on him paying it anyway. They rarely do.
.

YES THIS!!!! We only started recieving CS after secen years, it's so very irregular are never what he should be paying (he makes mega money now but can't afford to support his daughter)

are you on private or CSA collect hun?
)

And YES THIS! If you are not already on collect just give them a call. I wanted to do the right thing, I wanted to keep things amicable - I asked her father to please just pay her school fees (public school, nothing fancy) and school uniforms, that's it - he didnt even have to pay it directly to me, he could pay the school. He couln't even do this, so I left it up to CSA. SO much easier, you don't have to deal with him and money, just let them do it.

Sending you lots and lots of strength Gigi xoxoxoxoxoxoxo

[Gigi]

Do you have to have CSA? If you need it, fine, but if you don't maybe it will be easier if it's not paid rather than have to pay it back. Can Centrelink help at all?

I assume the ATO know he's overdue with his tax returns? Otherwise I'd suggest dobbing him in.

Tashybabe
i had to lodge for CSA, if i didn't, then Family Tax a and b would be cut to the minimum.

ATO, CSA and FAO are already chasing him for late tax returns. (nasty letters).
i don't need to dob him in, because of the above. The approp. gov departments already know he is behind with tax returns.

[Gigi]

And in years to come, when the sparkle and coercive properties of Freddo frogs and big presents fades, she will know that you are the one who fought to find a safe, loving and happy place for her to grow up.

See, this is what a feel so guilty about.
I have moved her to a dodgy area, with multiple drug dealers in the street, men's refuges nearby, heaps of foot traffic.
inside our small half house, anywhere we are in the house, we are only a few metres from the footpaths (corner) where drugged up people scream abuse at each other.
So she is in a less safe environment now than she was when we lived with her father, not on a corner, no drug deals in our street, man in the house, bedroom windows nowhere near the street,

we have a reasonable sized front garden now, but it's too unsafe to let her BE in it
even when she's in the back yard, i'm worried people walking past will hear her playing
i'm scared all the time, people walking past will see her thru her window
i have lace curtains at her window, but if she puts a light on, during the day, everyone walking past can see in.

the Housing Trust made me choose so quickly, i had no time to assess the area, the place, i just had to give a "yes or no" on the spot. They said no-one else would take it, i assumed that was because there is no insulation, no a/c, i had no idea it was because the area was so dodgy and unsafe. Now i find out the locals call this area "the bronx".

[Gigi]

are you on private or CSA collect hun?

CSA collect Brigsy.


if you are unsure, don't spend it - but if you've notified them he's unemployed, and they've still done this assessment, there is a reason behind it (and unless he can prove it should be otherwise, it should stand - if it does end up with the comment that you've been overpaid, you can appeal it based on you having told them the facts on x date)

X has also told them he's on unemployment benefits right now. He resigned from a job in April, left with 7 yrs of pro rata annual leave. Worked a slightly higher paid job for six months, then got a small payout from them (redundancy). So all of that is being counted as this year's income. I was surprised his annual leave and redundancy was being counted, i assumed it would just be annual wages.

He's crying poor constantly, e.g has no money to buy bilby some crayons, or the summer pjs she needs. So i'm assuming he's gone thru the annual leave pro rata. Just before we left, he was on a buying spree, things kept popping up that made me think "how did he buy that?" e.g pro level camera. We haven't had open talks about money since bilby arrived, so i didn't dare ask "what do you plan to do with the annual leave pro rata", like i would have, if we had a proper relationship.

[briggsy's girl]

CSA have rules in place if he hasn't don't his tax return too. essentially there is the income support level payments (your $6.90 per week) and then there are "hidden income" levels - so for someone self employed running their business at neglible profit or even a loss, they are still deemed to have income. given your ex' circumstances, they may be using these rules as assuming he hasn't done his taxes to hide income and avoid paying. Being CSA collect, they will tally what he doesn't pay now and collect it later from him. they will also have "flags" set up that will trigger when he starts work (signs a tax declaration form etc) and arrange garnishing etc

[Gigi]

at the moment, there is no business, he's just on unemployment benefits. There was talk earlier of him doing the NEIS scheme (12 week course with Centrelink, to start your own business), but now, he tells me, he's not signed up to do that afterall. argh. he keeps changing the story, i can't keep up.

so, it still seems unrealistic, that he pay $50 per week, when his entire income, is just Centrelink.

If CL and CSA is working out his CS payments, based on the job payout he resigned from back in April, well, i think he's spent all that already (apart from the fancy camera, i have no idea, what it was spent on).

i have no knowledge of what he did, when he got 7yrs of pro-rata long service leave (Easter last year), he told one person i know, that he was keeping that in the bank, to help "keep the family afloat" if the new business (that was supposedly going to start Spring last year) needed help at the start. Now he speaks like it's all gone and he's crying poor over EVERYTHING. e.g unable to pay for bilby's basics. I had to pay for virtually all bilby's expenses when we were together. I feel like nothing has changed. He STILL has no idea what her expenses are and won't take any responsibility for them. I provided bilby basics (sheets, pjs, toiletries, toothbrush) so he can have her for overnight visits. If it was up to him, she'd sleep on a bare campbed mattress with no pjs.

he gave her two expensive xmas presents, which were pretty OTT for his financial situation, yet, won't pay for her basics (stuff she needs on her visits to his place).

[briggsy's girl]

even if he has no income at the moment, the fact he hasn't done his tax returns for so long, the CSA are likely deeming him to be trying to hide his income. as a result, they would base it on the higher amount having to be paid. he can definitely ask for a reassessment, but it's up to CSA to deem what it is going to say his assessment is going to be.

FWIW - i have seen assessments go up in arrears (so mum is owed back pay) but generally if a lower assessment is received, it's received from now, not going backwards, so it's unlikely it would be backdated and taken off you

[Gigi]

FWIW - i have seen assessments go up in arrears (so mum is owed back pay) but generally if a lower assessment is received, it's received from now, not going backwards, so it's unlikely it would be backdated and taken off you

god i feel dense. I read what you typed, and i don't even understand it.
does that mean, if he DOES put in his tax returns, and the CS assessment shows he has paid too much, does that mean, i will not have to pay back the difference? Sorry to be so thick, but i find that so hard to believe. I don't doubt YOU brigsy, i am just so unsure about money in general, and so scared of debt.

i haven't received any CS yet, and we REALLY could use it, but i'm scared to spend it (if and when it arrives) - until i understand what you put.

the debts i have incurred with CL (due to his incorrect calculations in the past) i find very upsetting. I've tried hard all my life NEVER to be in debt, to live within my means, go without stuff, in order to pay my bills. So to have had TWO CL debts (one took me the last three years to pay back, the second one, i only received a month ago) - is a really big kick in the guts, for me. Neither of them were to do with me, both were to do with incorrect figure HE gave CL. But it a black mark against my name.

[briggsy's girl]

if they changed the assessment tomorrow, it would be from tomorrows date - it wouldn't be backdated, so you wouldn't have to pay anything back. and if for some reason they were deemed to have made a mistake and they backdated it, they wouldn't make you pay it back, they would say that you either get nothing at all for a while, or instead of the 6.90 he is supposed to pay each week, you may only get 5.00 or something per week until any overpayment is corrected

with the c'link debts, what sort of debts are they? are the debts for him not lodging his tax returns? if they are, they should be able to freeze them indefinitely as they won't hold you accountable for your ex partner not lodging his taxes (current partner for sure, but not an ex partner)

[Gigi]

i'm updating.

Been phoned by CSA, to tell me x has lodged a "reduction in rate" thingy, so will be paying the minimum. So i thought, ok, it will be the $6.90 i first got told about.

I get the paperwork in the post today, it says X has to pay $0 per year for child support.

There is an allowance for each person concerned (him and I) of $19,000 - to live.
Well his projected income for the year is UNDER that.

so zero child support.
i really thought he would at least be paying the $6.90 bit. not much, but it was SOMETHING. I had plans to let it pile up in an account, and once a year, buy one big thing she needs e.g car seat.

ok, vent over.

[LimeSlice]

Surely though at the end of the fin year when his income is GREATER than that, he will have to pay retrospectively? Is that how it works?

What a tosser, won't even support his own daughter So glad she has a competent and dedicated mum.

[Gigi]

trying to work it out rationally.

he WAS employed JULY to NOV 2010 (on a $40K per annum job)
NOV 2010 to now JAN 2011 unemployed
JAN 2011 to JUNE 2011 unknown
the tax year will be from July 10 to Jun 11.

it sounds from CSA, as long as his income for a taxable year is UNDER $19,000, he doesn't have to pay CS.

Actually, my standards are so low right now, i would just be over the moon, if he did the last few year's tax returns, got himself up to date, so i would no longer get nasty bills from FAO. forget the $6.90 per week (which is laughable anyhoo), i just don't want any more debts due to him not filing tax returns. hate having that over my head constantly.