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NSW Can Affidavit be Used as Evidence for Child Support?

Discussion in 'Family Law Forum' started by Mum79bronte, 2 September 2016.

  1. Mum79bronte

    Mum79bronte Active Member

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    My ex has declared in family court and on an affidavit his employment/income. This clearly is very different from his declared income used by child support.

    Can his sworn affidavit be used as evidence to child support or is this not allowed?
     
  2. sammy01

    sammy01 Well-Known Member

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    So rules of evidence that apply in court don't apply to CSA. You can submit the info to CSA to request a change of assessment based on earning capacity. They can decide whether or not they want to accept the information.

    I'm keen to hear how you go with this one. My ex hasn't paid a cent in 2 years....
     
  3. AllForHer

    AllForHer Well-Known Member

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    Agree with the above, CSA is way more liberal with evidence than the Court. I suppose my only concern would be whether submitting the affidavit counts as communication of identifying information about a family law matter in breach of s 121 of the FLA.

    Maybe call CSA first? I imagine they've probably fielded a similar question a few times before.
     
  4. running

    running Well-Known Member

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    I am also interested in the answer to this, as the figures ex has declared in his affidavit and also his financial statement show that he was earning more income than he has declared on his tax.
     
  5. AllForHer

    AllForHer Well-Known Member

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    @Mum79bronte, has there been any advances on this situation? What did CSA say?
     
  6. IDS

    IDS Well-Known Member

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    I have a similar situation where child support statement claims a different amount to what we have been told by the ex on financial situation.

    Eg. Ex claims to be working and claiming single parent payments yet has been coupled for two-three years with partner and the child support income statement states they earned significantly less than the year before when not working but claiming single parents payment. So confusing.

    If anyone has an update, it would be helpful
     
  7. sammy01

    sammy01 Well-Known Member

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    You're on a hiding to nothing. My ex didn't do tax returns for 3 years for most of that time I was the paying parent. I then became the primary carer and CSA decided to assess the ex based on 2/3 average male weekly earnings because still not a tax return in sight.

    Within 24 hours of them informing her that she would now have to pay $30 a month, she contacted them gave an estimate income of $0. They accepted it blindly. When I questioned how she lived with $0 income - not even a cent, the nice fella at CSA explained that even though she drives a car that has paintwork to advertise her business, even though she has a website for her business, I was on a hiding to nothing. Why? Well, all she has to do is claim the business is no longer functioning so she is no longer making any money.

    Oh and even if they did assess her - well, how to get the money out of a cash in hand business (massage therapist)?

    So an affidavit saying income of $XXXXXX two years ago doesn't mean that person is making the same income now, and it is primarily up to me to provide them of evidence that she is earning more than $0. How the hell do I prove that is is making money? Hire a private investigator?

    That will cost more than any child support she might be liable to pay - oh and she will find a way not to pay - like working solely cash in hand.

    I'm grumpy
     
  8. running

    running Well-Known Member

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    Sammy01, you can do a change of assessment (I think that is what it is called). And she will have to lodge info like her expenses, etc., which they will then use to establish her income.

    However, whether they can actually get the money out of her is another matter. My ex owes me $37,000. He hasn't lodged a tax return since 1985 and hasn't paid child support for 14 years. He works full time, sometimes on the books and sometimes for cash, so if he did his Tax, I would get his returns but CSA just said they can't get the money out of him.
     
  9. sammy01

    sammy01 Well-Known Member

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    Running - yep, you're right, she will have to lodge her expenses, etc. But it will all be a work of fiction. She will get away with it and she will be incredibly smug when I next have to drop the kids off with her.

    Oh and given I earn $90 000 and have the kids 80% of the time. As long as she keeps her pretend income below about $40 000, she still won't pay a cent or maybe a few dollars a fortnight. It is easy to keep your declared income below $40 000 when working cash in hand...
     

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