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Overseas posting with no income

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Mother accompanying new spouse on overseas posting - no income!

I have two children with my ex-wife; the oldest is an adult and no longer in the CSA Assessment.  My youngest daughter lives for most of the time with my wife and I, and my wife's three children.

Up until my oldest daughter recently turned 18, as she lived with her mother, I was the payer of child support.  When she turned 18 and left home, I became the payee.  Within two weeks of my ex-wife being notified by the CSA that she was to become liaible to pay child support, she advised me that she would return to Uni this year and therefore her working hours would be reduced, affecting child support.  My objection to her lodgement of an income estimate, reducing her liability, was overruled, as was a request for a CoA based on her earning capacity, as her employer provided a letter advising that her hours were being reduced.  The CoA stated that despite her reduced hours, there was ample opportunity for her to work full time in her industry, but that she could not be forced to work and that as her employer had reduced her hours, I could not proved that she was going back to Uni to avoid child support.  I decided that pursuing this matter further was futile.

But now … she has just advised me that she will be accompanying her new husband on an overseas Australian Diplomatic posting next year.  My daughter has elected to stay with me in my full-time care, but my ex-wife has stated that she will have no income while overseas and will therefore not be paying child support (she has, however, indicated that she will continue to pay half of our daughter's school fees and orthodontics).

Having paid child support for eight years, it seems highly unfair that the moment I will receive some assistance with raising our daughter, she is reducing her earnings and therefore her contribution to our daughter's support to zero, and living it up overseas on allowances and her husband's $200K+ pa income.  I see a further CoA application as futile; from informal discussion with the CSA, I cannot see the CSA deciding anything but than it would be expected for her to accompany her spouse and therefore not deliberately aimed at avoiding child support, and thus not meeting the criteria for a departure from Administrative Assessment.

She will be leaving a $1,000,000 property, the family residence, behind.  This will presumably be tenanted; but I suspect at a loss after interest.

I cannot find any precedents that seem to apply, and my resources for legal advice is drained after years of legal battles for both myself, and my new wife with her ex.

Any advice please!
All I can say is that if she can pay half school fees and orthodontic expenses then she has the capacity to contribute to other costs. In saying this I am not referring to her earning capacity, but her capacity to pay based on her assets, lifestyle choices etc….

So maybe you should try another reason 8 change of assessment application.
Ive heard Each CSA case officer draws a lucky customer  out of there "lives with Parent" caseload hat once a yr and treats them as if they are  a  Payer. In your Case i might suggest you are still in the Payer List so therefore all desicions will stay in the negative for you.

As this is an election yr and an election is imminent it might be fruitful to get youre local federal member involved. You may be very surprised with the outcome as the government would certainly not like the possible bad press of 1 of there diplomatic postings being shown as cheating a "Lives with Parent" out of financial support.  Imagine the field day the 6.30 PM current affairs shows would have with this.

You can fool some of the people some of the time but you cant fool all of the people all of  the time unless they work for CSA and youre a Payee:)
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