QLD Change of Assessment Request - What Evidence will it Need?

[LouiseThomas]

Hi

Bit of a hypothetical, trying to work out my sister's situation with her ex.

Background - he says he will do a Change of Assessment (COA) based on her earning capacity. She does have a degree and has stopped work since having kids but the youngest has just started prep.

She has given her income to Child Support Agency as like $9,000. She does get a bit of cash with a small selling business (similar to Tupperware). I know she doesn't want to go back to full time work and he isn't stupid, he knows she is doing this so that his child support payments are higher.

Question is: If he does lodge a COA, what is the evidence that he will rely on? What sorts of things will they be looking at or doing?

I guess I just want the information in a practical sense. I've read on Child Support Agency website but I know the experience with the CSA can differ in circumstances - maybe it's not as straight forward as one might think?

 

[King Neptune]

As is always the case it's hard to guess what CSA's position might be, particularly because they will have a lot more information available (from both sides) to assess the situation than has been provided here. Lots of considerations you haven't mentioned - how many kids, and how old? What % care does each parent have, did mum work full time previously and how much (approx.) did/does each earn?

Evidence he will rely on for the COA? Probably that your sister has qualifications (and presumably a professional career history) and now has improved capacity for full time equivalent work comparable to her prior earning capacity now that the kids are in school. CSA's decision in part I understand might be weighted on whether she is seemingly intentionally avoiding full time work to maximise payments from the ex.

CSA might agree with him that she isn't pulling her weight, but they might also go for her not being able to work full time given the youngest is in prep and see she's making an effort with starting a business (that wouldn't probably be expected to make much money in the early stages). Care % probably is a significant factor. If she can work and is deliberately avoiding to get more money out of the ex though that's a pretty poor attitude IMO and he has every right to be annoyed and hold her to task.

 

[sammy01]

So does she have a business website? Holiday in the Mediterranean?

Now I'm the primary carer, my ex doesn't pay child support. So while it is different - the same rules apply.

So my ex had a website for her massage claimed income of $10 000 a year. She is off to Canada later this year and just bought a car that my research on carsales tells me is worth about $90 000. Yep, she had an inheritance and generally child support is based on income... Sure I could do a change of assessment based on these facts and child support might even direct her to pay me...

Now in your hypothetical - If they accepted she was earning more, the next question would be how much more? Now I am pretty sure a Tupperware party business isn't gonna see her sailing the Mediterranean... True.

Look - the system is fair.. He can ask for a change of assessment and it will be his task to give evidence to give them grounds to investigate further. She could be asked questions by CSA and she should provide honest answers. They will then make a determination. How easy..

Look if she has a uni degree - I reckon it is fair enough that he wants to challenge why someone who has the capacity to earn is basically choosing to sell Tupperware... So I'm a teacher. Lots of work and I can make $60 000 easy working 4 days a week... It would be reasonable to ask why am I only earning $9 000 when I have the ability to earn more... That is a fair question and one she might be confronted with.

 

[LouiseThomas]

Thank you for both of your responses. I am going to try and talk to her about this and make her aware that he does have some legal footing.