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CSA SSAT Question of law

Husband owns a business and had the capacity to earn an aditional $48,000 per annum and added this to his taxable income. The issue is that they applied that income to the current Child support period even though this was earnt the previous year. Decision

My husband recently had an SSAT hearing. This involved the review of a decision dating back to 2006.

They found that as my husband owns a business he had the capacity to earn an aditional $48,000 per annum and added this to his taxable income. The issue I take with the descicion is that they applied that income to the current Child support period even though this was earnt the previous year. As the decision was back dated to reflect 3 years this meant an instant debt of $16,000 was created.

Basically they applied the 06/07 income to the 06/07 child support period the 07/08 income to the 07/08 child support year and the 08/09 income which they estimated as it has not yet been lodged to the 08/09 child support period. The legislation clearly says the "previous years taxable income" is to apply to the current child support period.

Interestingly all the child support periods were from july 1 to june 30 as changed by Change of assessment by the CSA so there are no overlapping periods. The SSAT also did the same calculations for the ex and as she stopped working her liability was reduced as they excluded a whole year of her earnings.

Can theSSAT apply curerent earnings to current support periods?
My understanding is that SSAT basically has a primary objective, that is whether or not they should overrule a decision(s) made by the CSA, so it could be that they were looking at the decision to use the new income rather than the underlying calculations they made.

What you could perhaps try doing is to take the matter to court based upon the fact that there is an error in how the law was applied (there is no charge for doing this). That's assuming that you have not brought this to the attention of SSAT, which you should do first. You could also go to the ombudsman and perhaps AAT.
Thanks Mike. The original assessment took into account the correct tax years for the correct Child Support Periods. The objections SCO from CSA changed them to current years earnings for current support periods. We made a point of explaining this to the SSAT in our Evidence and went so far as to table the relevant information. The SSAT took 6 months to reach a decision from the date of hearing. They basically did a full audit of my husbands company. We will take this to court. Does anyone else know of any case that is similar to this? Also the SSAT extended the child support period and I remember reading somewhere on this website a Magistrate found that the SSAT can only make decisions in the periods relevant to they the case have been asked to review.
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