Just wondering if capacity to earn is lawful. My partner does not meet the criteria outlined to determine capacity to earn. The SSAT also decided not to include business expenses when calculating income, and has set an income that never existed, and thus a child support amount that is based on this income.
My partner and I are in a business partnership, and suspect he has been caught up in the CSA hunting down CS avoiders.
Going to FMC to appeal decision made by SSAT on income, amongst other issues.
At the same time CSA took partner to court to make orders to pay two lumps sums. One lump sum was paid, and despite efforts to find the funds, and the fact that the income set by SSAT is not agreed upon, the second lump has not been paid. We are in severe financial hardship.
Hence the case is with the Insolvency Trustees. They have given us three months grace for my partner to appoint an agent to sell the house.
I have had contact AAT and the Ombudsman to no avail. I am now more aware of what they can review, and might try again. I have seen the local MP and have not had a response yet. I am now sending of a letter to the Minister of Finance, to waive my partner's debt to the Commonwealth.
Are there others who have had to sell their house to pay CS debt? And I need some advice just to see if I am filling out Notice of Appeal form right. Things are getting pretty stressed!