NSW Assets and Child Support Calculations?

Discussion in 'Family Law Forum' started by Shbrown, 14 May 2019.

  1. Shbrown

    Shbrown Member

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    Hi,

    My wife and I recently separated (Dec 19), and are coming up with a financial agreement. We are relatively amicable but one thing has us a bit stuck.

    Her mother died about 9 months pre-separation. Now post separation my ex has received a large inheritance. I do not want to make a claim on these monies (and my rights is a different topic).

    My challenge is the calculation of child support. She has 9/14 days with the kids and a lower income, so the CSA formula based on taxable income has a substantial payment from me to her. His doesn’t seem right with her large assets (I have few assets). She may generate some taxable income from assets, but this will be sporadic and likely short term.

    How can this be resolved? Is this a case for ‘reason 8’? Can we get the CSA to consider assets on our first assessment? What kind of outcome in practical terms does a ‘reason 8’ give? are there other ways to move forward?

    Also, we will get a CSA assessment done soon. Can these be based on estimates, eg for the next financial year? Both of our work situations have changed, so the 18-19 taxable income does not represent what 19-20 will be.

    Thanks!
     
  2. sammy01

    sammy01 Well-Known Member

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    Yep, you can apply under reason 8 if it was to come to that.

    CSA bases payment on the previous tax assessment. You can ask for a change based on the previous year's tax not being an accurate reflection.

    Plan B. If things are amicable with the ex, come up with a private agreement. If she accepts that you could ask CSA to look into her assets and reduce child support as a result and she understands and agrees that a private agreement can work then you don't need to involve the CSA at all.
     
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