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Change of assessment. Receiving Parent asset rich but declares income poor

Change of assessment. Receiving Parent asset rich but declares income poor - Capacity to earn - left assets to receiving parent for sole purpose of children

I lodged a change of assessment with Child Support 4 months ago after sudden job loss which decreased my income more than 50%.  I've been struggling to stay afloat and not sell my house…. somehow have managed…. just.  Receiving parent contacted CS to start collecting payments because I simply could not pay them…. let alone buy food for my family.  Receiving parent also decreased estimate by more the $20k…. by choice meaning my payment again went up.

I had never missed a payment until I lost my job and have always paid extras when needed.  Including all of their sport.

Long story short.  I provided all of my financials, and in response receiving parent did too.  My financial position (assets v debt) is in negatives however receiving parent is very well off and if she should split from her new husband & pay out all debt would still be sitting with a comfortable profit of around $500,000.  However her income sits very low since she quit her job and found a less than part time one.

The reason for my post is to see if any other paying parents have ever lodged a change of assessment under reasons

* Capacity to earn & being asset rich but income poor
* Having left assets to receiving parent for the purpose of children

Were you successful?  This whole process is a nightmare.  Happy to provide more details if the above doesn't make sense.

Really you should have lodged an income estimate, that is unless, you had an income amount order (a court order or change of assessment that varies the annual rate, the adjusted taxable income or the child support income by setting the adjusted taxable income or the child support income).

Perhaps you did lodge an income estimate and then lodged the Changed of Assessment.

From my experience, which is limited to just being aware of some change of assessments and trying to help with them, is that you are very likely to not be successful. My understanding is that a very high percentage of those who deal with Change of Assessments are delegates, i.e. legally accredited people from outside of the CSA who for some reason take on the relatively very low paying work, some are without doubt doing so because of their ideologies. One example, is one such delegate, Lisa Lambert, who invented the existence of legislation saying that redundancy payments have to be grossed up as if they were flexible benefits.

Lisa Lambert - SCO Delegate of the Child Support Registrar said
The Act requires the department to use the gross income when calculating the financial support that is to be provided by the parents. This being the case, net income must be "grossed up" using the relevant taxation scales
 This is covered in the rather tongue-in-cheek Unscrupulous methods employed to raise a liable parent's income when redundancy payments are received (or other payments)..

Stay Order appropriate

I can relate to your situation. I would definitely submit a Change of Assessment under Reason 8. You have to explain your reasons which sound like they could be that the current CSA Assessment is not a true reflection of your exes assets and income. This is a valid reason. CSA would look at all her finances and possibly/hopefully change the Assessment.
In the meantime to have payments halted to buy yourself time until the change of assessment is completed. You can apply for a Stay Order through the courts based upon your current financial situation and that your work situation has changed and you risk losing your home if the collections continue.
A Stay Order stops any collections from CSA…….they will still build up as a debt. Yet nothing is actually collected.
I did exactly this and the Magistrate was empathetic and awarded a Stay Order. I represented myself. Good luck 👍
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