Donate Child Support Calculator
Skip navigation

Birth Father taking me to SSAT over child support

bf thinks he has been treated unfairly with objection decision

I recently applied through reason 8 for the assessment (set by CoA) to be changed to reflect the latest taxable income of birth father.

The latest income was $40,000 more than the one set by coa so i wouldn't just shrug it off especially as it wasn't due to change for almost two years.

The SCO set an income $25,000 less than taxable which I objected to.

The objections officer came back with what i think is a fair outcome for both parties, setting income for two weeks at slightly less than taxable then reverting back to a formula assessment using last financial years taxable income.

For those who don't know, doing this will enable the ncp (birth father - bf) (moderator note: "spends time with" parent is the corrects usage unless there is zero contact) to lodge an estimate of income if his income is a lot lower as he states it is.

The objections officer requested from bf's employer all the current financial year payslips available (an entire six months worth) so that he could determine bf's current income.

The payslips showed that he was earning $2000 more than last financial year instead of what he has been saying. He didn't take the option of lodging an estimate and immediately lodged ssat appeal.

My question apart from why bother? is, What is the likelihood of the ssat changing anything when so much information was sought from employer already? and What financial information will they look at and do they get proof from him of his financial circumstances form.

When I sent mine in I gave copies of statements. He will have a lawyer I won't.

Any experiences with SSAT welcomed.

Last edit: by Artemis

The chances of SSAT changing something is about 67% at last count, but that is excluding decisions that are not made because there has been a reason for the full process to not be followed, such as the an agreement being reached or the parent going to SSAT pulling out. The 67% is based upon published SSAT decisions, which you may wish to have a look at. Here's a link to the list of  published decisions that are kept on this portal. List of SSAT decisions. If you are party to SSAT, then you should get all information that the other parent provides and vice-versa.

Estimates of income are an election by the parent, there is no requirement to lodge an estimate. Estimates are really only for when a parent's income reduces quite noticeably. Also the other parent may be aware that penalties can apply if estimates are incorrect.

I can't give you any personal experiences as I've never been to SSAT.
My post has been changed above: I originally put bf to mean biological father of my son not boyfriend! How confusing moderators! will be careful not to use abbreviations in future

(changes made above to reflect babygirls intent)

Last edit: by Artemis

You have not given enough information for anyone to really understand the case for example for any change of assessment, special circumstances need to exist. Are you aware of such circumstances?
  Special circumstances are his income was $40,000 more (this is on 09 taxable income) than the one set by csa with a previous COA decision.
  I put in the new COA so that this income could be used instead of the one set.
  The other party obviously was happy with the way it was.
  The SCO only increased it slightly so I objected. The result of objection seemed fair to me as it ultimately reverted back to formula assessment in order to accomodate the other party if he wanted to put in an estimate.
  It seems unusual to me that he didn't take up this opprtunity (which he would if he genuinely would have a lower income this year) and went directly to SSAT.
Maybe his taxable income in the previous year has some anomaly that he thinks he can explain, which would leave him assessed at a lower income than he now earns. This could be a better outcome for him than doing an estimate.  
Or maybe he thinks CSA haven't followed the right process by overturning their own decision to set his income at a certain amount?
I agree it sounds stange.
By the way, how did you find out his most recent taxable income ?
I didn't think this came through on the assessment notice if the income has been set to a certain amount by a COA decision.

Good luck
  My thoughts are that he just wants to cause me more stress. The objections officer was really thorough and found out as much as he could of the situation, including getting six months worth of payslips from ex's employer. Ex is employed on a roster that doesn't vary for the whole year so the Objections officer could determine an accurate projected annual income. By the way income is going to be the same or more than last year - even though ex lied to CS officers saying it will be more than 15% lower.

  Latest Taxable income information still comes through on the assessment notices. With the previous COA he sent in no payslips, just a quick calculation of what he earns (which he wrote himself - $70,000 less than his actual income for that year) no proof. If it wasn't for the SCO adding $30,000 to allow for shift bonuses etc. it would have been set at $70,000 less than actual instead of $40,000 less.
  I also objected last time and it was dissallowed.

  I honestly don't know how some people get away with things like this and are still not happy.

  Have pre-hearing conf. next week will update post after that.



 
So if he is appealing the use of his latest taxable income to determine his child support liability - what  is the argument of his appeal?
  Fairgo - You asked what his argument was for appeal. I actually have just looked at SSAT paperwork and ex has stated that his income has been increased by thousands per year once he received a slight income increase" and that he doesn't think it equates to that amount.

 
1 guest and 0 members have just viewed this.

Recent Tweets