QLD Change of Assessment of Child Support - Help?

[Tobin]

Hello,

In a recent change of assessment the Child Support Agency assessed that 100% of my deductions were to be included as earnings. I am a self employed tradesman who apparently now earns $70,000 a year instead of $52,000 a year.

This is while my ex can claim 100% of her deductions on her investment property. Also the CSA are saying that a rural property (which is my principle place of residence) I bought seven years ago was bought to avoid paying extra child support with the interest I could be earning. That added an extra $27,000 to my earnings. However the ex does not have to do the same with her property (which is not her principle place of residence).

To make this even more interesting I had another change of assessment application from the mother of my other child last year in which half of my deductions were allowed and my property was not included! It has appeared to me that the CSA make it up as they go along. There has been very little consistency in their rulings over the last ten years.

Am I being too simplistic in assuming this is one rule for one and another rule for another?

Should I cop this one on the chin or do I have grounds to appeal?


Can anyone help?

 

[Rob Legat - SBPL]

You’re not alone in your way of thinking. CSA tends to have little consistency in their determinations, or their interpretation of the legislation.

You can take their decision to the AAT for a review. It’s not a appeal, the AAT will relook at the whole situation and make their own decision.

 

[Tobin]

You’re not alone in your way of thinking. CSA tends to have little consistency in their determinations, or their interpretation of the legislation.

You can take their decision to the AAT for a review. It’s not a appeal, the AAT will relook at the whole situation and make their own decision.

Thank you for your reply Rob.

Unfortunately the AAT ruled similarly three years ago. Could you tell me where I can find the legislation online which relates to this as the CSA just seem to make decisions without any sort of conversation which may include helping out?

 

[AllForHer]

The legislation is the Child Support (Assessment) Act 1989 (Cth) and can be viewed here: http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/csa1989294/

 

[Rod]

If you tried AAT last time and had no luck, might be time to go to court. Spending an hour or 2 with a good family law lawyer might be a good investment.

 

[Tobin]

The legislation is the Child Support (Assessment) Act 1989 (Cth) and can be viewed here: http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/csa1989294/

Hello AllForHer, thank you for your reply. Unfortunately I cannot find anything in there that is specific to my enquiry, being mostly information about deductions (self employed for me and negative gearing for her) and owning property that could otherwise be money in the bank earning interest and therefore earning an income. I plan to appeal to the AAT but the CSA will not guide me to the specific place in the legislation so I can decide whether to appeal, or not, on any information I may glean from the legislation.

Can any one help:

Where is this information in the legislation or is it simply not there?

 

[Tobin]

If you tried AAT last time and had no luck, might be time to go to court. Spending an hour or 2 with a good family law lawyer might be a good investment.

Dear Rod, Thanks for your reply but court is too expensive and no lawyer in Queensland knows anything about this line of inquiry either! I don't think it is right that the CSA make these decisions without me being informed as to why and how they came to be.

 

[Rod]

Hmm, the alternative is spending extra money you don't really have on child support. 20% on $27,000 is over $5k per year. Spending one year's extra payments seems like it might be worth the risk. Ask around for a family lawyer has successfully challenged CSA. Must be some in QLD.

 

[Migz]

Tobin, you need to get onto the facebook page "Child Support Australia - Time for Reform and Fairness", and get intouch with a lady called Trina. The most knowledgeable person on child support I have ever seen. She will advise you the best way to deal with these scum bags. And they are just that, complete scum bags.

 

[Clancy]

A good accountant might also have some useful advice?

You mention a rural property as your principal place of residence? Does that mean you have some other property?