Donate Child Support Calculator
Skip navigation

Opinions on capacity to earn

Hi all, Im after some opinions on the above topic. I know of a person who voluntarily chose to reduce their income to move to another city to be with a new partner. They were previously earning the 80k range and the new job is 40k. So effectively was happy to accept new lower income for his relationship happiness. I understand the capacity to earn issue in the response process, but how on earth if the case manager determined that he has the capacity to earn 80k a year but payer has only the ability to pay a rate at 40k. How do they deem this "just and equitable" to keep it at the old rate? So obviously payer would literally only be able to afford payments on the 40k and substantial debt would obviously accrue every month if it was determined to be set at the previous rate. Are these change of assessment decisions ever successful, surely not?!

REPLY

Me too !  I also relocated to start a new life after 4 years in the Family Court fighting a malicious psychopath on legal aid doing everything in the book of Hostile Parental Alienation to to prevent my children having their Father in their lives. Exhausted to a point of chronic fatigue and drained of every cent of our savings I was forced to sell my small local business to meet outstanding debts. With my new Wife and two teenage Step Children we packed everything up and moved inter state. We spent some of the money on a small local holiday and the rest of living expenses, rent food etc before putting the last of it into a small womans clothing shop run and worked solely by my Wife. In my mid 50's and unqualified i have been unable to find work so have relied entirely on my wonderful Wifes hard work which is just meeting living expenses. Now CSA have added up credit card and bank with drawls claimed my expenditure equals $80k pa and assessed that as earnings. I have lodged a tax return showing nil earnings, have no assets in my name like a car, we do not own a home - to no avail - plus they claim i moved deliberately to reduce csa obligations - and to cap it all off -claim my money in my wifes business should have been utilised to generate income directly for myself'. No wonder the Child Support Agency has so many clients suiciding
Oh wow, empty I do empathise of your situation. So you too are stuck in a situation where you are assessed to pay x amount of $ but cant, and that debt is not going to go away either. I was so disgusted to hear that they do this to people. If they can prove they now have a lowered income how on earth can they say oh well too bad you need to be paying x$$ as you COULD earn that amount. I agree that is certainly devastating if the payer is in a legitimate situation and left to pay which csa full well know they cannot possibly manage to pay.

DEAD BEAT DAEMON DAD

HubbyPays -Thanks for your good words - I know that whatever i do will never be enough - after experiencing the Family Court debacle and all the many state sponsored lynching services available for vengeful ex's to demonise Dads whom remarry. No one was interested in truth & proof from me then; why should it be any different now that CSA has reason to pick up the bludgeon? For 9 years I somehow managed to pay the demanded CSA support even though it meant personally having to work extra long days & going without - gave a sense of pride that the ex could never claim i was not caring for my kids. But of course three months after marrying someone else and kaboom the Family Court costs reeled. Now no more business and no work from the golden goose -matters not to CSA. And because I chose to discontinue contact with my kids for their sake to prevent yet more conflict for them in the middle - so CSA claims more money . The ex can smell blood.  And what an opportunity too when supposedly all your new Wifes financials have to be shared by CSA to the payee ( we are still refusing - but for how long do you think till we are subpoenaed?)

 So now some ernst CSA people have made it their mission to prove the Daemon is also a Dead Beat Dad -insisting I fill in all manner of forms & letters supporting proof to pass on (though it doesn't work the other way round as claimed, I discovered, until consistently insisted upon). I have discovered that even when you send additional information requested this can be ignored if outside their very short time frame. A day late because you addressed it to the State Manager and not your case officer can mean a whole new objection has to be lodged -oh and make sure you put on the envelope in Bold the words 'OBJECTION' otherwise its not their fault if it gets sent to the wrong department (silly me).Twice I have had to take into CSA offices the Registered Post cards to prove sending letters they claimed they never received.

 Amazing isn't it when all you genuinely ever want is to do is support your kids to the best of your abilities - Where to now though ? Have lodged an objection with SSAT -but after reading all the posts on this great site - seems like I have another set of huge battles leading to yet more court appearances. Anyone know a good legal adviser specialising specifically in CSA -or where to go to find one ? Still some credit left on the card so probably best to set off on the next course of action legally mapped before its cancelled and self representing begins eh?
I am always amazed to read different stories regarding child support.  Most of them are about people having to pay too much etc.  It makes me wonder why the CSA will not do anything to get any money for myself.  My ex definately has a good income but unfortunately a lot of it is earnt under the table (well not literally lol).  And yet the CSA says he does not have to pay anything because he has no income.   How is it possible in this country that one has no income at all???  We all have to live and eat and we are all getting money from somewhere.   It makes me laugh that I have 4 primary aged school children and Centrelink forces me to work (which is no issue for me as I have always done so) but yet he manages to collect Centerlink benefits and continues to do so and he does not even see his children.  There is definately no fairness in the systems and unfortunately there will never be because what is fair for one is not always fair for another one.   I hear a lot of women complaining about they only get $200 a week or so child support etc etc ………  it is a shame that we are such a money driven society.

I feel sorry you guys that have been assessed rediculous amounts.  I too have been on the side of being the payer when my ex and I used to do week on week off.  I had to pay him child support because he chose not to work and although I definately was not earning a huge amount at the time I still had to pay him a reasonable amount and then he left me with all the school expenses etc.    But at the end of the day I am glad I get to spend every day with my children and in years to come I can look back and be proud for what I have done for my children ……. I wonder if their father will be able to say the same???
1 guest and 0 members have just viewed this.

Recent Tweets