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Another change of assement

Hi guys.. I've just received a COA from my X which is the 2nd one in 2 yrs, the 1st COA was May 2014 in regards to me taking a redundancy package after working over 25 yrs for the one employer. When I received my redundancy payment I phoned CSA to update my circumstances which intern changed me from being the payer for 6.5 yrs to the payee for a grand sum of $34 p/w. I made a brief statement to the CS officer that my X is going to flip.

Long story short I received her COA with all her documents 3 payslip, mortgage, car loan, credit card, bank account, utilities bills & finally her super statement. I phoned the COA officer handling the case & said I don't wan't my X to know my financial position, so he said I can make you pay what I was paying previous to my redundancy. Anyway I negotiated the amount to $60 p/w for the next 2 yrs.

Fast forward 2 yrs..I bet you can guess the reason for the 2nd COA, X had to pay $37 p/w from 19th May prior to end of last financial yr this is now $43 p/w. From June the X has decided not to pay me, her reason "It's all going on school costs". So I lodged with CSA to get child support  which takes forever she has paid some debt but is still in arrears.

My level of care is 5 nights p/fortnight, her income $75000 mine $16000 + family payment A & B lump sum & tax refund, I'm under the self support amount. I managed to get a casual job after nearly 2 yrs living off part of my redundancy, dividends & selling my boat.

Our child's maths is very poor, school report has him at the basic level so I organized a tutor again this year @ $35 p/w from May total of 20 weeks ( 2015 was fortnightly @ $45 from August to end of school yr )
So the latest COA is to back date to the 19/05/16 when the new assessment came into effect & to pay for schooling costs, what I've just explained is very simplified.

I received a phone call from the officer handling COA on the 18/11 she wanted to know how I'm living off my income also she referenced my X stated that my redundancy was $220000 ( I wish ) I told the officer that was over 2 & 1/2 yrs ago & that was sorted, she than threatened me with an EARNING CAPACITY, also would I supply last 3 pay slips, banking statements & super statement etc.

What my main question is X has only filled out the Special Circumstances questions & attached her statement for COA no documentation like her 1st COA is this within child supports legal requirements. X rents her house out & lives in her sisters garage & pays rent, does she need to supply documentation this time as it looks like I may have too.

Cheers guys



 
First things that rings out is an attempt to suggest capacity to earn.

There are 3 criteria all of which MUST be met.

1. The parent must not be working despite ample opportunity to do so, or has reduced their weekly hours to below full time work or has changed occupation. The redundancy circumstances is the factor here. If you chose redundancy rater than having been made redundant would meet this criteria (i.e you reduced the hours).

2) The parent's decision about the work arrangements is not justified by their caring responsibilities or their health. You haven't mentioned health so I'll assume that is irrelevant. Caring responsibilities is basically in the hands of the decision maker. It does appear, according to the threats from the officer to do this and that, that you don't have a cat in hells chance of having justice applied.

3)  The parent has failed to show that the decision about his or her work arrangements was not substantially motivated by the effect this would have on the child support assessment. Of course the legislation would have been just as relevant if it asked you to prove the existence of water babies:-

Wikipedia said
In the book, for example, Kingsley argues that no person is qualified to say that something that they have never seen (like a human soul or a water baby) does not exist.

    How do you know that? Have you been there to see? And if you had been there to see, and had seen none, that would not prove that there were none … And no one has a right to say that no water babies exist till they have seen no water babies existing, which is quite a different thing, mind, from not seeing water babies.


The CSA are given the power to see none and then determine there are none. It is also none who will act to stop them seeing and determining none.

Is the officer(sic) Lisa Lambert?
It is a matter of fact that Lambert was found to have acted unlawfully and with apparent gender bias (CSA - The incantations). This is a must read if redundancy payments are being considered. In short Lambert acted as anarchist, inventing the existence of non-existent legislation, in order to apply grossing up (used solely for Flexible Benefits Tax) to jack up a parent's redundancy payment from 200k to 260k. Due to the way the CSA operates there is a great chance that this fraud will be re-attempted. Sheesh, Lambert is still employed (as an associate) by the CSA.

Everything you mention comes under a Reason 8  Departure from Administrative Assessment (COA aka Deem and Destroy), so you probably want to have a good look at The CSA Guide - 2.6.14 Reason 8 - a Parent's Income, Property, Financial Resources, or Earning Capacity

With the supply of information, again it is basically at the officer's discretion(sic) so their biases are very much given free rein. The are legally allowed to discount and invent information and especially so for COA's. They also have powers to investigate e.g. access ATO data, bank accounts, Centrelink Data and so on but are not bound to investigate.  Additionally, many sections have targets and Collection is virtually across the board. I hate to say it but it very much appears as if they have their hooks in.

I'd suggest informing the CSA that you will only accept written communication due to the harassing, menacing and threatening nature of the calls you have received.  It is in Mein Kampf, oops sorry the CSA literature that officers can manipulate customers better via phone.
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