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Another example of prejudice

Capacity to Earn VS Capacity to Care!!

Just got off the phone as the bitter ex has been at it again, after having a objection to my Income Estimate be refused, she has tried another tack - COA.

Quick background:
Was working 5 day/week, now 3 as I have court ordered care on 2 days during the week and one on weekends.
Employer has reduced salary appropriately as I no longer am in attendance for the previous 5 days.
Little Boy is 3.

Ex thinks i should be deemed to have capacity to earn my previous salary.
apparently they can find in her favour.

My arguement goes, well why dont you assess her as a capacity to earn NOW as she has 2 days free? (atually it is 3 as i also have a weekend day)

apparently if she did not work before separation, then they cant!!!


I argue, but her Capacity of CARE has gone down - she NO LONGER cares for him 2 day/week, providing ample opportunity to find part-time work.

Long answer was rubbish, short answer was "stiff sh*t"!

so now she had less responsibility of care of the child and NO requirement to find a job/income, BUT I can be assessed on a fictitious number and made to pay increased child support, so she get even more to do even LESS!!

Can anyone explain that to me please??
According to the CSA guide, CTE is explained as follows (part of reason 8):

The parent is either:

not working despite ample opportunity to do so (section 117(7B)(a)(i)); or
has reduced his or her weekly hours of work to below full time work (section 117(7B)(a)(ii)); or
has changed his or her occupation, industry or working pattern (section 117(7B)(a)(iii));

2. The parent's decision about his or her work arrangements is not justified by either:

his or her caring responsibilities (section 117(7B)(b)(i)); or
his or her state of health (section 117(7B)(b)(ii));

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 (section 117(7B)©.

Even if CSA does get you on CTE then you may have a better experience with the SSAT, esp if you have court orders for 2 days pw Mon - Fri.

I dont tghink you can get the ex on CTE but you can definately defend yourself from being hit by CTE.
Good luck.
Thanks familyman, I'm hoping you're right.

during the discussion, C$A seemed to agree, given he is 3, BUT if he was at school, they were indicating that I could put him after school care, thus say I had CTE the full amount.

what irks me is, why can't have the same "choices" the female does?

for example, if he was at school and I had him 7 days/fortnight and I wanted to pick him up from school at 3pm, then I would be missing approx 10 hours of work.

My employer would not pay me for those 10 hours, but C$A would say "put him in child care" and earn the $$ to pay extra child support.
So assuming I do, my son misses out on time with me, my Child support goes up AND I get extra expenses for the child care - most likely financially worse off!!
How screwed is that???!!

Just tell them that you are the parent and you do not think its in the child's best interests to have such a long day which after school care will bring. In addition YOU have court orders that gives YOU (not some crappy after school care) resposnibility to look after your child. Tell them that they are trying to interfere with the court orders.

Seriously, the CSA will get you on CTE because they are a bias organisation- just go to SSAT and you may get a better hearing who may anaylse the actual legislation and not stick to bias opinions about your "so called" capacity to earn.

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