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My husband and I very much require some info/advice.

Hello Everyone,

I am new to the forum and my husband and I very much require some info/advice.

This is a bit complex as my family and I moved to Melbourne from the UK in August 2008.  Our family consists of my husband and I, and our two children.  The youngest was born here five months ago:-)

My husband has a ten your old son who unfortunatly still resides in Wales UK with his mother, half brother and her new husband.  When we moved here she went straight to the CSA who has since been demanding a huge amount of money from us.  Please don't judge us for moving here and leaving my husbands son behind.  The relationship between my husband and his ex is volatile at best and we hardly got to see him when we lived in the UK.  We had to do something as the economy in the UK was and still is quite bad:-(

We filed a change of assessment with the CSA and we had the results back last week.  We filed under Reason 1, 8 and 9.  None of it was accepted.

Reason one, the costs of travelling to see my husbands son is very expensive, however we have not been able to travel back to see him because the amount we are paying prevents us from doing this.

Reason 8, We reside on a 457 visa here, so we pay more tax, in fact 6K more than resident Australians.  We also did not receive the baby bonus, or any family assistance.  So, we argue that as the normal CSA formula is used it is unfair because we do not have the same tax advantages as resident people.

Reason 9, I gave birth to our second child in January. The CSA has refused to take into consideration that I was a dependant two months before and three months after the birth.  They say we have to PROVE that my husband paying for me significantly affects his ability to pay child support.  We argue that I am a dependant because I cannot work at the moment, because I am looking after two children under three years old.  To put our children into day care would cost in the region of $900 per week!  I would have to earn this before tax just to break even:-(

Another question I have is to do with property losses.  We own a property in the UK that is currently rented out.  The rent does not cover the mortgage, so we have some losses.  Can anyone tell me why these losses are actually added to my husbands adjusted taxable income? It just does not make sense.

If anyone out there does have some gems of advice or info, please do share it.  I am just about ready to stick my head down the toilet!  At least the case worker is polite to me!

Kind regards

Yes this is a complicated situation.

If your husband is paying child support for one child and you have had two children together, the child support liability should have already been reduced due to having two children with you.

Another area to look at is the earning capacity of his ex, her qualifications, reason for being in the UK etc… and also the property settlement between your husband and the ex.

In Australia rental or net losses are added back to the taxable income to work out the adjusted taxable income for Child Support purposes. As your rental losses occur outside of Australia you may not be required to report these to C$A Australia as they are only interested in foreign income.
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