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Rental property, overseas move and CS

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Hi,
My husband is about to purchase a rental property and I was wondering what ,if any, impact it would have on CS calculations if my name was also listed on the deed?
His ex is self employed working part time - but hasn't declared an income in at least 3 years or so.
Husband is (and has always) paying full CS with care listed as 0% , even though he has 40/50 care.
And with his Ex it might be best not to rock the boat as she is a nasty piece of work who received a huge settlement for their 3 years together but still wants more.
I know CS is calculated based on your tax return, but if the property is in both our names can the income/expenses then be halved? or would this then introduce my financial details to the CSA for use in CS calculations - and horror of horrors possibly be divulged to the Ex? Just trying to think ahead for when she inevitably withholds access or moves interstate as planned.
Also, are there any implications to CS if Ex moves overseas?
Thanks for any help.
Thankbell said
My husband is about to purchase a rental property and I was wondering what ,if any, impact it would have on CS calculations if my name was also listed on the deed? I know CS is calculated based on your tax return, but if the property is in both our names can the income/expenses then be halved? or would this then introduce my financial details to the CSA for use in CS calculations - and horror of horrors possibly be divulged to the Ex?

The CSA should only use your partner's income and thus half if the rental property is run as a joint venture (i.e. your partner's taxable income, which would include any net losses, the latter being halved if run as a joint venture). The CSA cannot go beyond your tax returns without an application for a reason 8 change of assessment being lodged. Even still they should only consider your partner's half. However, the CSA are very well known for abusing COA in order to artificially and wrongly inflate the income of liable (paying) parents. Saying that there is no disadvantage to having the rental property in both names. CSA wise anyway.

As for protection of your privacy in regards to the other parent getting to see your financial details, this should only be an issue if a change of assessment (COA) is undertaken, in which case they will request your financial details under the guise of making a fair decision.

I can understand a fear of the other parent's retaliation if you bring to light the fact that they are abusing by exploiting the child/children for monetary gain, it isn't at all uncommon. However, I believe that you should take this on, especially as you have concerns that the other parent may move overseas. Make a diary of the care that you do have. Perhaps try to get other evidence of the care you have from others (a statutory declaration from yourself could be included), records of any doctors/dentists visits. If you have 40% care, then the CS would be reduced by about 35%. Furthermore, as the level of care exceeds 35%, you would also get a proportion of any FTB being paid. However, the overall FTB payment could increase as for each $1 paid in CS the FTB is reduced by 50c (in general).

With regard to taking the children overseas. It would be hard if no passports currently exist as passports require the signature of both parents on the birth certificate (as CS is being paid you partner would likely be on the birth certificate). You could also apply to court for the child/children to be placed on the airport watch list. With regard to CS there would likely be no change to CS and if so a lot depends upon the other country. Some don't have reciprocal agreements in which case a terminating event would occur. In others the other parent may apply for assessment under that country's scheme. Moving interstate would not change CS. You could also contest moving interstate if it affects the child's/children's right to know and be cared for by his/her/their parents. Again a diary and other evidence of the care would support action to stop/reduce the impact of such moves, including if the other parent tries to withhold the rights of the child or children as an act of retaliation against your partner acting to stem the current ongoing abuse of the child or children.
Yes only half of the net rental income or loss will be included in his tax return if in joint name and thus be used for C$A and Family benefits calculation purposes.

If you have a rental property that provides net income then it might be worth having some net losses (another rental running at a loss) to offset this so the net income/loss is zero and will have no effect re child support etc…

C$A already have access to your tax records so need to worry anymore about this.

If your husband has 40/50% care then why is he paying much more child support that he should be? Also as Mike said he would be eligible for family benefits if.

The ex may not be receiving any family benefits if she has not lodged tax return for three years. It's quite possible that if she did then you husband's child support liability might be significantly reduced even with no actual care.

If the ex is well off financially there would be little to worry about with C$A re you having a rental property so I suggest you apply for family assistance by registering your care percentage which will filter through to C$A. There is little the ex can do unless she gets three years of tax returns in.
Thanks so much for your replies Mike T and Fairgo.
My step child already has a passport, so no luck there. And re the 40/50 split this will be changing soon to a every 2nd weekend situation due to a forced work move (approx 4 hours away from child).
The 100% CS hasn't been changed over the past few years because the other parent is too difficult to deal with. There is enough parent alienation going on even with overpayment of CS, overpayment of settlement $, and free housing. I don't even want to think about what it would be like if the situation was actually fair and equitable!
This is off topic, but I would welcome any opinions on how to handle ( how others have done it) the moving interstate/overseas situation.
From reading this site for a week or so, it appears as though this is strongly fought. That people take each other to court and fight tooth and nail. Which I can empathise with (not truly understand i guess as no children of my own).
But what is the fall out like? For the Kids?
How can you fight a parent who thinks any right decision for them is the right decision for the child?
I guess we are trying to make the best of a bad situation, but at what point do you say, OK, you can go, but we want a minimum of this many days ect.
If the other parent is going to go anyway, and probably, cry mental illness needing family care. And fight any order to bring them back. :|
Well you have two choices - let them go or fight and have them stay with you. I think you should consider the age and maturity of the child first as they will possibly have a say in the matter.
Also consider any court order for care you may have in place. If you dont have any in place, you may consider getting some.

Consider Fairgo's comment re the childs wishes. Is this going to make you the Boogee Man?
Thanks guys,
There are no orders in place. And now that trying to keep the status quo is completly out the window, we will start the process to get some. The Father (my husband) is very practical and one step at a time about the whole thing. I guess I just struggle with what is ultimately right and wrong in this process for the child/father.  
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