Ex deliberately not seeking employment
The only way would be try a departure from administrative assessment (commonly referred to as a change of assessment) under reason 8 (a parent's income, property, financial resources, or earning capacity).
Loco saidIs there someway that I can get the CSA to ask why she is not seeking further paid employment.
However, this would be unlikely to succeed as there are 3 requirements that have to be met as per:
The CSA guide - 2.6.14 Reason 8 - a parent's income, property, financial resources, or earning capacity said
1. 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)©.
The Registrar must be satisfied that all three compulsory criteria are satisfied before a change to the assessment can be made to take into account a parent's earning capacity, rather than his or her actual income.
If the parent's circumstances satisfy only one or two of the criteria, the Registrar cannot make a decision based on the parent's earning capacity.
The Registrar must also be satisfied it would be possible for the parent to increase his or her income by changing his or her work arrangements. That is, work must be available for the parent in his or her area and the parent must have the necessary qualifications and experience to perform that work.
The 2nd requirement, the caring responsibilities, would easily be defended (assuming that the parent has primary care of the children). This especially so as the CSA, especially with change of assessments, see only one aspect and that is the money that can be collected or transferred by the way of child support payments.
In fact it is highly likely that the CSA would use this as a means of increasing your payments in some way or another, so the advice generally given to paying parents is to stay away from reason 8's or as some term them "deem and destroy". Perhaps have a read of the relatively recent post CSA - The incantations.
Although not relevant to your situation, it is an example of what the CSA do in order to increase the amount that they collect or transfer.
You may wish to have a look at the guide in relation to reason 8.