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Hubby has quit a bit of Super and we are considering to join funds and purchase an investment properties. I am, however, concerned that CSA then gets it's fingers on it, since it will attract rental income, which we currently have no benefit on.
We are in our early thirties and we have almost half of the property value we are interested in, in super. Now half of it will need to be paid off obviously. If we rent the place out, rent will cover the mortgage, strata and so on. So really, we have no access to this money and no current benefit either. I do believe that CSA will count such income as income for CS purposes? Am I right?

What are our options? My husband will be owning his own business with 2 partners by the time we buy. Are there any option so the ex doesn't get a chunk out of it? Meaning that we have to pay her extra out of our general income, while we can't access this rental income.
Have you looked at the possibility of buying the property via a trust of the company or having your super paid straight into a trust? I don't know a great deal about it in terms of establishing the trust but I do work with a few people who don't have super in a traditional fund, rather their super is paid straight into a trust find which is then used to purchase investment properties. I'm not sure how that'd effect your capacity to negatively gear, and CSA would move heaven and earth to sink their claws into anything you have, but it might be worth an appointment with an accountant to see if/how it can be done.
There are significant regulations and requirements that cover superannuation funds buying property. It depends if you have a private superfund or through a large scheme fund. Trusts are a component that will be required by a private super fund that borrows any money from a bank to fund the property as the super fund cannot directly have the loan. You need to also consider the super fund borrowing money and the criteria on what equity is required to buy the property and make interest deductibility vs the two of you having a mortgage and deducting that interest jointly off PAYE income. You really need to get expert investment advice on these sorts of decisions and a tax agent who has investment expertise and deals with the Child Support Agency would be worth while. Just because you do not have access to funds does not mean the CSA will not take that funding stream into account. CSA calculations are not the same as ATO and there is little if anything that does not get picked up in assigning income under the scheme.

Let me say one more thing and that is having his own business is more problematic than not and the ex partner is more likely to lodge COA requests or a CSA initiated audit targeted on self employed entities. You might read some of the forums on self employed and read up on the sorts of issues you can likely encounter. Self Employment in the CSA system is a very complex business for a self employed person, especially when it comes to calculation of salary and all deductibility and write down of assets.

Executive Secretary - Shared Parenting Council of Australia
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Thank you for this.

Now he is loosing his job later this year, that's why he is likely to change to self employment, unless he gets a good job.

The ex is also self employed, reducing her income to below self support. Any coa claim will result in a counter claim. Hubby isn't planning on hiding his income. But yes I am certainly concerned after what I did read here.
You are correct unless you are getting some benefit from the investment now for example if your Self Managed Super Fund owned your business paid your wages then you might have some problems with C$A.
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