VIC Change Assessment - Special Circumstances - Child Support

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SamanthaJay

Well-Known Member
4 July 2016
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Father (my current partner) has 100% care of his 12yo, 6 months now. Orders says mother has no care but telephone calls 3 x's a week.

Mother lost family payment from Centrelink and CS payments from father when child came into father's care approx 6 months ago. Mother chooses to work part time but said in her affidavit that she works full time.

She's lodged an application to change assessment under special circumstances. Wants to pay $43 per month because she's chosen reason 8A saying the current assessment doesn't correctly reflect one or both parents income, property and or financial resources.

They settled financially 3 years ago. She 85%, him 15%. As a result, he has hefty mortgage and a loan with a huge monthly repayment that still has 2 years to go which was used to pay her out.

He is a director of his own company.

The house has increased 35% in value since settlement and he knows that because he has just signed a sale contract because the mortgage and loan are crippling.

In her asset section, she says she has a net position of less than $15k and a car loan for a prestige car that cost her $75k but she now values at less than $25k only 18 months after purchasing it. She says she has credit card debt of $20k and the money in the bank is actually her son's, not hers, (this would be their adult son) but she's got it on her internet banking and she says it's in his name.

The only super she's showed is the amount she received from the settlement plus a small one from her work - which doesn't even add up for the period of time she's worked there. It's a govt job so I doubt they are short changing her.

She does not show the funds she received from their financial settlement - she didn't over a year ago either when he was paying CS and she put in a request to change the assessment. Unless she's been on a spending spree, she must still have those funds or asset/s that she's purchased with the funds. Shouldn't she be showing these funds under assets?

She's also saying she has to provide the 12yo money to buy food as the father does not buy the child food. The child chooses not to eat a lot of the food in the house because the child prefers to eat treats/junkfood/at restaurants (as the mother used to feed the child this way) and this is rarely provided for the child in the father's home but the child tells the mother in the phone calls that they are not being fed. The mother was putting money onto a debit card for the child to buy the food the child prefers. The mother says this money must be used as her CS payments!

The mother has initiated reports to DHHS. Each report has been followed up by DHHS through the school and dismissed.

I'm thinking this has a lot to do with finding out his financial position right now as she will have access to his response about his finances. He has heard through the children that the mother is extremely angry over the sale price of the home and that it's impossible it sold for the price that it did. It did not even get officially listed as the purchaser made several offers (including the one accepted) before it got to that point.

He has the opportunity to respond to her application when CS call him?! It says on the form to be ready to discuss her application, his response and his financial details when they call him?! What kind of assessment do they think they can make based on a phone call?

Anyone else been through a Special Circumstances application to change CS assessment? Do CS call BS on the inaccuracies in these applications? She says she earns a certain amount but then provides a copy of a payslip that shows she earns more!
 

Imlost12345

Active Member
31 May 2018
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I can say with certainty that if he can show where he has said not to pay the extra money for the food then those extra payments won’t affect him, especially if they are going to the child’s account and not his.

Csa aren’t daft, have they accepted the application or has she just said so to the father?
 
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Complex16

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27 July 2016
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I’ve been through one where I was the party making the application. CSA obtained copies of the other parties bank statements etc and seemed to go through them quite thoroughly in order to determine if what was being said was backed up by the statement activity.

They didn’t just go off the phone conversations, they certainly made their own lines of enquiry. At the end of the day the assessment was changed as the thresholds had been met.
 
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SamanthaJay

Well-Known Member
4 July 2016
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794
I can say with certainty that if he can show where he has said not to pay the extra money for the food then those extra payments won’t affect him, especially if they are going to the child’s account and not his.

Csa aren’t daft, have they accepted the application or has she just said so to the father?

I think the mother was trying to use the food thing as something to put in her affidavit for court (which she did but it didn't get her anywhere). The child is obviously a healthy and well fed one. The ICL saw the child just before the hearing. Like a lot of kids, the child was complaining to the mother about the food because it wasn't what the child wanted to eat hence it became 'dad doesn't have any food in the house/there's never any food in this house/dad makes me eat old food' (leftovers from the night before :D)

The father received the paperwork from CSA yesterday. The worst thing is the lies the mother has put in it.
 

SamanthaJay

Well-Known Member
4 July 2016
335
55
794
I’ve been through one where I was the party making the application. CSA obtained copies of the other parties bank statements etc and seemed to go through them quite thoroughly in order to determine if what was being said was backed up by the statement activity.

They didn’t just go off the phone conversations, they certainly made their own lines of enquiry. At the end of the day the assessment was changed as the thresholds had been met.

Thanks Complex16 - I'm wondering if it goes the other way as well because hers is full of lies, things like the amount of rent she pays (she has 2 other adults in the house and she's put the whole amount of the rent).
 

Complex16

Well-Known Member
27 July 2016
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454
Thanks Complex16 - I'm wondering if it goes the other way as well because hers is full of lies, things like the amount of rent she pays (she has 2 other adults in the house and she's put the whole amount of the rent).

If the other two pay cash to her it might be hard to track but if not I can’t see why not?
 

sammy01

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27 September 2015
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Sorry - No advice... Just asking based on your advice...
3 kids live 80% with dad...
Mum claims an income of stuff all... Literally $6000
I earn $95 000... CSA estimator tells me the ex would not have to pay until she earns over about $30 000. Then it would be a few dollars.... Stuff all, not worth the effort.

So the ex bought a $90 000 mobile home... She doesn't live in it... It is just for holidays... It is a big one too... sleeps 4...
She just got back from a month holidaying in Mexico.
Now I don't think she has an earning capacity of more than about $40 000. But has done well from a few inheritances....
Any thoughts Samantha Jay and others based on their experiences? Worth chasing her through CSA?
NB: She is unlikely to ever work legitimately.. Cash in hand massage therapist. Wasting my time? discuss?
 

Rod

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27 May 2014
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CSA are a law unto themselves :( In many case jury, judge and executioner.

All you can do is put forward the facts and see how you go. CSA have a lot of discretionary powers :(

Sammy - you know you can dispute due to a change in circumstances. CSA MAY take into consideration inheritances received by a parent.
 

Rob Legat - SBPL

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CSA will take into consideration inheritances received by a parent, and 'mere expectancies' under a discretionary trust.
 

Rod

Lawyer
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Interesting. The legislation says a court may make an order in certain circumstances, eg such as inheritances.