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Alienation of Income?

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ATO assessment has dropped dramatically in a 12 month period

Looking for help re "alienation of income" or "corporate veil" per the wording in CSA Act.

In essence, "things" have been difficult since separation (around 5 years ago). The ex earns around $300K, whilst I earn around $10K due to being disabled by surgical procedures, during the marriage.

Initially we had a binding child support agreement, where I was screwed. I had to pay half school fees and ALL other costs, including flights (interstate) and back to visit him. This was a 2 year agreement in order to allow me to relocate interstate.

At the end of the 2 year agreement, much mediation and legal letters went to and fro. We had a family report writer involved when the mediation went amiss. The FRW recommended the child live with me and then visit the ex.  Then the ex pushed for 54 nights a year to ensure he was in the bracket so he didn't have to pay as much child support. He even told me so during mediation. So, orders were made re visitation and access, unless the child changed its mind.

I applied for a COA when the child needed braces and he wasn't helpful in making it happen. I was advised by the CSA person to get the paperwork from the orthodontist that said the child needed to start urgently.. and start to pay.  After some months, CSA found that the ex had to pay ALL of the $8K odd braces costs.

So.. the child changed its mind earlier in the year and wanted to try living with the ex, and I tried obliging. I wrote an email of agreement to say that I would agree for the child to trial living with him for a period of a term (at least) and then it was to be reviewed a few weeks before end of term.  There were other stipulations I made too, which weren't all adhered to.

The child intimated to me that he wished to return (whilst I was visiting him). We spoke to the ex who brushed it off. Then the child didn't' mention it again. When the child came to visit me the following holidays, he refused to go back, eventually revealing some abuse allegations, which I have taken seriously. The ex employed his legals again to write to me with threats about recovery orders etc (given now the orders should be turned in his favour).

The ex refused for the child to to back to the school he attended before the "trial" living with the ex. The principal had to coerce the ex to "allow" the child to come back to the school temporarily while all this stuff worked out.  The ex agreed saying that I had to enroll the child and pay the full fees.  The child was anxious and upset, there was no way I would have been able to move him to yet another school.  So again, the ex tries to "win".  After many many fights over 5 years, I am about to ask for the ex to pay at least half fees, if not all.

In the meantime, the ex lodged his tax return.

He is a partner of a large firm, and was earning around $250-$300K when we separated, with much of it pushed through a family trust to lessen his tax obligations (showing distributions to his child and to his brothers who don't earn much - without actually ever giving them any of the monies). For the last 2 years, he has earned or estimated his earnings at $250K, 2017/2018 tax return shows $170K, which I feel is absurd, thus lowering his child support by around $100 a week (which is a big deal to me).

How do I put in Reason 8 for alienation of income or corporate veil? Will they investigate? Will this money be counted towards his "taxable income" with child support, given it is different to that he has lodged with the ATO?  He has a couple of other family members who retired in the last year or so, so I am assuming he has also added them to his family trust to offset more $, given he has "dropped" $80K. I know many in the same position (partner), around 5 years ago who were on $450K …

I'm so tired of fighting. Given I have to apply for the school fees anyway, I thought I'd write a COA for Reason 8 as well and ask for him to be audited.

Any advice would be truly appreciated. Thank you :) 
Mum1966NSW said
How do I put in Reason 8 for alienation of income or corporate veil?
Just phone them up and follow the process.

Mum1966NSW said
Will they investigate?
They have to make a decision.

Child Support Guide - 2.6.3 A Decision to Refuse to Change an Assessment said
The Registrar must give written notice of the decision
The Registrar must notify both the payer and payee when an application to change the assessment is refused (CSA Act section 98JA(1)), or the Registrar decides not to proceed to make a change in a Registrar-initiated change of assessment (2.6.6) (CSA Act section 98RA(1)).

The Registrar's notice must include information about the parent's right to object to the Registrar's decision (4.1). The notice must also advise that if a party is aggrieved by the objection decision (no matter who lodged the objection), the party may apply for an AAT first review of the objection decision (CSA Act section 98JA(2)(b) and section 98RA(2)(b), see 4.2 for information about applications to the AAT).


http://guides.dss.gov.au/child-support-guide/2/6
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