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Contrary Decision by CSA

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Hi i am new to forums so may need a bit of help.

My husband has had a contrary decision made by the CSA against him.  Originally his ex put in for a COA - he had left a higher paying job as we wanted to move and i wanted to go back in to business - also he was having a few health problems.  The CSA disregarded all her claims but then decided that all the medical evidence that we sent wasn't enough and that he deliberately left his job to pay less child support.  He objected and it went to the next level where we encountered A CSA case manager who i am sure felt it was his duty to cause misery and not listen or really look at the evidence in front of him and then mad a decision for him to pay even more money. The CSA couldn't give me an answer when i asked how they could contravene their own guidlines by making a decision that would cause hardship but they would get the money by any means possible - whatever that meant. My question is has anybody out there had a contrary decision made against them and how did they fight it.  We have put in our objection to the SSAT and my husband is a bit worried about going it alone with them as i have been the person to do all the talking and paperwork up til now.

Can anybody help
Whitcie,
           unfortunately the COA team very frequently do this. Yo have done the right thing in going to SSAT, however the chance of the right thing being done is still very much at the whim. It is also unfortunate that the legislation in the area of capacity to earn is erroneous as you have to somehow provide evidence that there is was no intention to reduce CS, that's if the health reason is not considered grounds for changing jobs.

There are 3 factors that have to be met for a capacity to earn to apply. They are

1) That the parent is not working, has reduced their hours to below full time working or change occupation, industry or work pattern. (I assume that this is the case so point 1 can't be defended).

2) The parent's decision is not justified by their caring responsibilities or their state of health (you need to get a) evidence that the state of health justifies the change. This may mean getting research that shows the condition does warrant a change.

3) That the parent's decision was not substantially motivated by the effect it would have on CS. This is very hard to prove. So really you have to rely upon point 2.

One other point, the CSA must also be satisfied that it would be possible for the parent to increase their income (i.e. work must be available).

If you fail with SSAT the only avenue left would be to take the matter to court, however that can only be done on a point of law.

Contrary Decision by CSA

Thank you Mike T
We are definetely working on the points in number 2.  we thought that we had shown quite a lot of evidence pointing out that he did have a health problem and we also had medical evidence that he still had the same problem nearly 2 years later and also his doctors letter stating that he would be unable to do the job that he left but they said that that was now and they were going back to when he left.  We have since obtained his work history for the 12 months up until he left which show substantial time off and hope that this will help our case.
In regards to being able to increase his income this will probably never happen as he has sustained another injury which we are waiting to get a verdict from a specialist in the next week but the prognosis is not good.  This is going to make him virtually unemployable and if not for my business and me employing him he wouldn't have a wage.
I would like to say that until this happened we have always paid his child support with no objections ( we have been together for 9 years so it has been a struggle at times).
i would like to know if there is any one who has had this type of decision made against them and how they dealt with it
Witchie said
my business and me employing him he wouldn't have a wage.

Be very careful Witchie, the CSA will very likely try to make extremely absurd decisions as they very much appear to consider any inter-family business that a paying parent is involved in as income alienation. Make sure every last cent is accounted for and bona fide.
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