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CSA Using notations in consent orders

As part of the Consent Orders that I and my Ex agreed to we had a notation that stated

  I agree to enter into a Limited Binding Support agreement and I am to pay the CSA amount and all private school fees.

Now a Limited Binding Support agreement was written up, I had signed it and the lawyers had passed it to my Ex. As part of the agreement my Ex had 2 weeks to lodge it with the CSA. Now when I signed the agreement it was my understanding that the CSA was at a set amount and would not increase. So when I first received an increase I queried the CSA and got told that no Limited Binding Agreement had been lodged and as such they could not change anything. After the next increase I decided to lodge a COA using reason 3. The case officer handling the COA really mishandled it (he would not return any phone calls and I actually never spoke to him once) and as such I arranged a complaint. The person handling the complaint agreed it was mishandled and urged me to lodge an objection which I did.

Now the result of the objection has been received, and it stated that Reason 3 is established (sounds good).

The objection officer then went into the 'Just and Equitable' section.

In this section she stated
  • 'The notation states the parents intentions in that Mr xxxxx would meet the school costs. Without such a notation, having established Reason 3 I would have to determine the capacity of each parent to contribute to those education costs'
So instead of checking up on what assets my Ex has (she owns the house she lives in and has an investment property) she just stated that my Ex has no assets and hence stated no change is required.

It just seems they use what ever information they want to suit themselves. The won't use the notation to reduce the amount I pay back to a reasonable level but they will use it to keep my paying the private school fees.
 
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