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Ex deliberately not seeking employment

My ex has been decreasing her income from self-employment.  Her business has been contracted out and the hours are minimal. she has declared a 2/3 drop in income.  She is more than capable of finding more work.  When asked why she hasn't got further employment she claims is still running the business and she has to pay workers etc.  but was able to go away for 6 weeks and leave the contractors to run the business.  She only works 2 days a week due to out sourcing the contract.  Is there someway that I can get the CSA to ask why she is not seeking further paid employment.  The kids are 14 and 15O_o
Loco said
Is there someway that I can get the CSA to ask why she is not seeking further paid 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).

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:

AND

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

AND

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.
Thanks Dev_Mike - so depressing that the system is so red-tape.  It just seems like a licence to continue to punish.  Even if I was able to prove most of the points put forward with the state of unemployment one could never give enough evidence for point 1.  One of the kids lives with me 100% so making me pay more would indeed see "steam" coming from my ears.  The ex is driven by greed and revenge and the system just keeps on helping her through


 
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