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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Child support had my earnings as $131 thousand and my actual

Customer Question

Child support had my earnings as $131 thousand and my actual financial year earnt was $79 thousand. Why doesn't the x have to repay as i have highly overpaid .Child support claim i have no legal rights just have to cop it on the chin.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Afternoon, My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.Are they including depreciation and other assets that you are allowed legally to write off?
Customer: replied 1 year ago.
No, Child support has stated because i never updated my estimate from the previous year, I have to cop it on the chin as they say the debt that my x has occurred will put financial strain on the family. But if i under estimated my financial income i would've been hit with a debt even though I have a young family also. I don't understand how this is fair or how this works.
Expert:  Leon replied 1 year ago.
Good Afternoon, Have you updated you income tax returns and are they up to date?It is on your Income tax reruns they base the amount you pay.
Customer: replied 1 year ago.
Yes they have been done. Thats why I've asked child support about how much I have overpaid my x. They just stated theres nothing they can do about it.
Expert:  Leon replied 1 year ago.
Have you asked them what section they are relying on?My understanding is that you should be ahead in payments. They wont give you a refund but you should be in credit.
Customer: replied 1 year ago.
No I haven't, they stated some quote of financial stress where the children are concerned if my x was to inncur this debt. I didn't want a refund but thought I would atleast be in front of my future payments until it was resolved. They have stated no. What else could I do to look into this as I have been struggling for 12 months to pay $1400 a month when all that I was supposed to be paying apparently was around $800 -$900.
Expert:  Leon replied 1 year ago.
Have you applied to have the assessment reviewed?

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