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I know I can apply under reason 8, capacity to earn! How likely will this be granted?

Hi everyone,

My husband and his ex have had a mutual agreement for the past 3 years. She quit her job, without a valid reason, even considering buying a house. She lodged for CSA collect and got a 0 income, whilst at past assessments she earned around 75k. We never went CSA collect but she requested assessments and that was fine by us. She now changed the level of care to 0%, which is a lie. We used to pay 1100 plus private health and travel costs of approx 400 per months after she moved. CSA now wants to collect 1900 each month plus areas owing (1600 all up), as she reckons he hasn't paid her for the past months. We provided CSA with evidence on payments made to her account, air fares and private health details, to proof the level of care and payments. We had them 43 days so far this year and were supposed to have them for Xmas. The agreed dates for next year add up to 59 nights. Despite evidence and agreements, she doesn't agree to the level of care and doesn't agree to further visitation above 53 nights this year. She found excuses for them not to visit us last school holidays also. We also have evidence on this.

We can not afford the extra 900 dollar per month for her to sit on her bump and even to buy house. I started law school recently and I am not eligible for HECS. We are looking at down grading our already small apartment to a 1 bedroom and we will cancel private health.

I know I can apply under reason 8, capacity to earn! How likely will this be granted? Also I am hoping that they will recognize the evidence provided for the level of care. We will otherwise ask her to attend mediation and court to draw up parenting orders, but I am not sure if this will be successful, even though she is most probably going to deny access to receive higher payments. The oldest is almost 15 and while the youngest is 10.

Also, as she moved away, wouldn't she be reliable for at least 50 percent of the travel costs?

Given that they recognize the evidence and our objection on reason 8 (coa) the estimate would drop to 1100, which we already pay and we will cancel private health and try to include the travel costs, as they are above 5 percent of dhs income for these days.

Any suggestions or advice?    
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