VIC CSA assesment involving funds from 2nd divorce settlement

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20 October 2018
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Hi I hope this inst to complex or convoluted.
Sadly I experienced a second divorce a couple of years ago 14 years after my first. From my first divorce I have a beautiful daughter (now 17) I share with 40% of the time.
After my second divorce settlement I came out much lighter, but with enough funds to purchase a home in Victoria which I did in September 2017 after the divorce was finished, settlement had finalised and my funds were cleared.
The divorce settlement basically meant I kept a share in a commercial property plus the 50% of the proceeds of matrimonial home. She kept a second home and got the other 50% matrimonial home funds.
My first wife has now asked CSA for a change of assessment and they are asking questions about the funds used to buy my home and how the came about, namely the 400K I used to pay the mortgage I'd taken out which is fully paid but kept as an equity loan which was my intention originally on taking it out.
I sold the commercial property share used it plus the 50% from the matrimonial home to buy my home.
Can CSA use this money in an assessment?
Currently I am still working and paying Child support.
 

Rod

Lawyer
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27 May 2014
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Can CSA use this money in an assessment?

Maybe. CSA can consider financial resources/assets as well as income. Because many people have been creative over the years on how they have managed to reduce their income, the Government has increased the discretion afforded to CSA in ensuring these people pay proper support for the children they created.

Options:
1. Co-operate with CSA and see what they decide.
2. Fight queries using a lawyer to argue your position.

Is the child support likely to stop in <12 months because your daughter is 17? Is it worth arguing over?
 

sammy01

Well-Known Member
27 September 2015
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40% care of daughter? How much child support are you paying. Mate i'd co-operate with CSA and take to appeal if necessary. CSA is a bit of a law unto themselves so your best bet is to play nice with them. But they do have a reasonably fair appeals process. Get back to us if it comes to that....

But like Rod said with approximately a year to go, I think the ex is on a hiding to nothing.
 
20 October 2018
2
0
1
Maybe. CSA can consider financial resources/assets as well as income. Because many people have been creative over the years on how they have managed to reduce their income, the Government has increased the discretion afforded to CSA in ensuring these people pay proper support for the children they created.

Options:
1. Co-operate with CSA and see what they decide.
2. Fight queries using a lawyer to argue your position.

Is the child support likely to stop in <12 months because your daughter is 17? Is it worth arguing over?

Yes it is only another 12months, it’s just that it would appear this is a witch hunt this time round as csa appear to be doing this of their own choice since the change of assessment that was lodged did not ask or focus in this area but rather current earning.
I have learnt that it’s better to work with them however this very concerning for me to be receiving calls from them telling me they are in possession of my bank transactions.