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Ex- husband not lodging tax return

Guest_76200919
Community Member

-My daughter is 10.5yrs old and she is under my care 100%. 

-My ex-husband has not lodged his tax returns for the past four years and is doing it deliberately

-His ex-girlfriend contacted me couple of weeks ago and sent me his payslip for this financial year. He has earned $182000

-This situation is directly impacting the child support assessments and payments for my daughter, and  due to his failure to lodge tax returns for the last four years, the assessments are not reflecting his actual income, which has resulted in insufficient financial support for our daughter.
Does anyone know whether my ex-husband can be penalised from ATO? Seems like ATO does not give a toss for not filing tax return. He has been in this job for past 5 years and been on similar salary.
I have sent tip off form to ATO
Thank you for your assistance.

1 Reply 1

white knight
Community Champion
Community Champion

Hi, welcome

 

I've had a lot of experience with the child support system as a non custodial parent with fortnightly visitation for my two girls. I paid all my child support plus many $$$ for extra care eg dental. 

 

Bare in mind that the system does change over time and my experience dates back to the 1990's and 2000's.

 

Child support can accept evidence of income presented to them and in such cases they usually engage an independent solicitor to commence a review. That leads to a meeting between them and both of you whereby the care of the children is their number one priority. 

 

The ATO downloads to the child support agency so when he does fill out a tax return his child support is calculated automatically and adjusted. He can adjust his income any time and adjust his CS, this was rarely done in the old days so that is an advancement.

 

If he is running a small business then that business declares personal income to himself, this means he has more regulation on his child support payments. If this is the case then income given to you from his ex could be highly inaccurate due to company costs, employees and so on so be aware of this as it could show him in a better light than he is in.

 

My advice is to always keep in contact with child support by writing, email etc as you have a printable account of correspondence. Write to them with your evidence (what you've heard etc as well) and ask for a review. I would not be concerning myself with whatever punishment the ATO could dish out, you are no longer together and child support is your sole focus now. 

 

I hope this helps. 

 

TonyWK