CSA tend to ignore what's in the legislation and follow their 'business rules' (the Child Support Guide). Put that together with poor interpretation, and they tend to do whatever they want to do.
VIC Change Assessment - Special Circumstances - Child Support
- Thread starter SamanthaJay
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- child support
Sammy, why don't you put in an 'Application to change your assessment - special circumstances'? I have her form right here in front of me. She chose 'Reason 8A - The assessment does not correctly reflect one or both parent's earning capacity'. I think that would be your best bet.
She's stated it in her affidavits. One is an adult child on good money and one is a defacto partner. He'll have to look into it more closely but if he can use her affidavits, then she's screwed.
What gets me is that she gets a right of reply to his Response but he only has one right of reply and that's to her original Application.
I used to think that was unfair, but not any more. She can't raise any new material in her right of reply.
I think if there was no limit to how many times each party could respond to the other in affidavit form, we'd see a lot of bickering on paper about who said what and which minor detail is inacurrate dependent on who is telling the story. Even in just a reply to a response, that happens a lot.
I didn't realise that. So all good in that respect.
That makes sense. He'll need to have a list of questions to ask CSA about what he can put/use in his response.
Csa change of assessment have had several conversations with me and requested additional info.
I believe they have done the same of the other party and of several third parties.
The lies seem to be working their way out as csa has been asking for evidence, which of course the other party and the third parties (who have supported the lies) can’t produce.
Also, csa advised me that one of the reasons the application was made under was not correct but they allowed for a verbal changevto another reason when csa explained why the other reason was more suitable.
I will say this is after years of trying to get them to even accept a change of assessment application.
As others on this forum have said, It’s not cut and dried.
I believe they have done the same of the other party and of several third parties.
The lies seem to be working their way out as csa has been asking for evidence, which of course the other party and the third parties (who have supported the lies) can’t produce.
Also, csa advised me that one of the reasons the application was made under was not correct but they allowed for a verbal changevto another reason when csa explained why the other reason was more suitable.
I will say this is after years of trying to get them to even accept a change of assessment application.
As others on this forum have said, It’s not cut and dried.
I think this is what has happened in this case @Imlost12345 - update is that my partner received a call from CSA today saying that they weren't satisfied with her Change of Assessment application and that the assessment will remain the same.
A lot of effort went into providing evidence and the documents they requested. My partner did not use the affidavits because as we thought more about it, the ex's application was was full of obvious lies.
So here's looking forward to the next trick up her sleeve!
A lot of effort went into providing evidence and the documents they requested. My partner did not use the affidavits because as we thought more about it, the ex's application was was full of obvious lies.
So here's looking forward to the next trick up her sleeve!
