QLD Using a Business to get out of paying cash

[Almost giving up]

So if an ex quit his job and now contracts and gets paid through a business he ran 12 years ago but just kept the ABN while he worked for a company - he is putting everything in this business to get out of paying child support and is claiming he’s always had it, he didn’t put it in our settlement statement when we separated- can I go him for some of it now, stating he didnt advise it in our settlement? I’m not being greedy - this guy is putting me and our child through hell

 

[Atticus]

Just having an ABN? ... Not enough to bring it back to court

 

[sammy01]

Yup I agree with Atticus. If it was dormant for 12 years then no big deal.

CSA is easier than court. If he has done his tax and has a declared income of $0. When last year it was $185 000 CSA will ask some questions. Let them do the hardwork.

Look - the system isn't perfect. IF he is intent on getting away without paying he will succeed. I hate to say it but there are loopholes. BUT a CSA investigation is gonna be a good start and costs you nothing.

 

[Atticus]

So if an ex quit his job and now contracts and gets paid through a business he ran 12 years ago but just kept the ABN while he worked for a company - he is putting everything in this business to get out of paying child support and is claiming he’s always had it

If you proceed with the reason 8 reassessment, part of the process will require HIM to satisfy the CSA that the decision about his work arrangements was not substantially motivated by the effect this would have on the child support assessment...

Basically, he will need to show good reason to resurrect a 12 year old ABN, leave a PAYE position & begin being paid via the ABN as a subbie... If he can't, CSA will take the position that he was motivated substantially by how it would affect his CSA assessment, ie, reduce it...