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Should I take this further or just cop it?

Hi

I recently applied for change of assessment process, under reason 8. I am already under a coa order which determined payers income at 31,000 which remains in place until december 2008. However payers income this tax time came in at 38,400. I applied for a new coa to override the old coa using the new taxable income information. This is only an increase of 7,400 but it all helps. Now the paying parent responded in writing through out the process that if his liability was to increase by any more that they would be severley adversely affected financially as they were planning on producing a new baby in the near future lol. Mind you this income would of come into effect this december anyhow so i was unsure how he was going to change it, dodgy income estimate again i suppose. Back to the problem, anyway the officer who did my coa came back with the result of leaving his income where it is as it would cause significant financial difficulty. Ah hello!!! Arent we all in the same boat? The reason being they had ivf to pay off and plan to carry this procedure out again!! It was my understanding that children when born were taken into calculation anyway? I was wondering if I could firstly object to this decision on the basis that No special circumstances surround his life/lifestyle/child to warrant his income to remain at the old coa decision. Secondly his wife decided voluntarily to qiut her job to raise this child therefore they were adamantly aware that their income was going to go back to a single household income not dual. I told all this to the coa officer obviously to deaf ears. What possible grounds is there for her to make this decision? Im pretty upset about it as he is the only payer i know that doesnt have to use his most recent taxable information for  csa purposes!! Any advice would be so so welcome
HubbyPays said
I recently applied for change of assessment process, under reason 8. I am already under a coa order which determined payers income at 31,000 which remains in place until december 2008. However payers income this tax time came in at 38,400. I applied for a new coa to override the old coa using the new taxable income information. This is only an increase of 7,400 but it all helps. Now the paying parent responded in writing through out the process that if his liability was to increase by any more that they would be severley adversely affected financially as they were planning on producing a new baby in the near future lol. Mind you this income would of come into effect this december anyhow so i was unsure how he was going to change it, dodgy income estimate again i suppose. Back to the problem, anyway the officer who did my coa came back with the result of leaving his income where it is as it would cause significant financial difficulty. Ah hello!!! Arent we all in the same boat? The reason being they had ivf to pay off and plan to carry this procedure out again!! It was my understanding that children when born were taken into calculation anyway? I was wondering if I could firstly object to this decision on the basis that No special circumstances surround his life/lifestyle/child to warrant his income to remain at the old coa decision. Secondly his wife decided voluntarily to qiut her job to raise this child therefore they were adamantly aware that their income was going to go back to a single household income not dual. I told all this to the coa officer obviously to deaf ears. What possible grounds is there for her to make this decision? Im pretty upset about it as he is the only payer i know that doesnt have to use his most recent taxable information for  csa purposes!! Any advice would be so so welcome.

First, I can assure you that he is not the only payer that doesn't have to use their most recent taxable income. I think if you do a search the fact that some payers were being forced into remaining in the old unfair system due to COA's was discussed in these forums, that's one of the problems with COA's.

With regard to objecting, yes you can object,

CSA Guide 4.1.2 said

Section 80(1) provides that parents can object to the following decisions by CSA that were made under the Assessment Act:

……

to make or refuse to make a change to the assessment under Part 6A of the Assessment Act;

……..

A decision to make or refuse to make a determination under Part 6A of the Assessment Act (change of assessment)

A parent or non-parent carer can object to CSA's decision to make a change of assessment decision or to refuse to make a change of assessment decision. The person who objects does not have to be the person who applied for a change of assessment.

CSA Guide Section 4.4.1 said
Explanation

A valid objection must

    * be about a decision for which there is an objection right under the Registration and Collection Act. This can be about a decision that was made under the Assessment Act or the Registration and Collection Act;
    * be in writing from a parent aggrieved by the decision;
    * state fully and in detail the grounds relied upon; and
    * be lodged within 28 days of the day that the parent received notice of the decision (or 90 days if the parent is a resident of a reciprocating jurisdiction).

What you could perhaps do, is to elect to end the assessment, however if you are receiving more than FTB part A base rate, then this requires approval by the Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA). Once ended you can then simply apply for a new assessment.  

As for complaining about his wife not wanting to work, that really has nothing to do with you, she has every right to do that, she owes you absolutely nothing, so what if it then relegates them, not him, to be in a financially difficult position? I guess that you are saying that your ex should have the right to be involved in any decision you and your hubby wish to make regarding changing your family?

I'm not at all aware that the formula calculations had any consideration for the payments required for IVF treatment, perhaps you could be so kind as to enlighten me with regard to this aspect. If you are however referring to the other relevant dependant child amount then this is to ensure that the child, when born, has the same right as any other child to be supported, would you deny a child that right and if so why?

My guess is that you are still bitter about the separation, perhaps sage could be of assistance in dealing with this bitterness, if this option appeals to you, then whisper sage or perhaps Secretary_SPCA who could then contact sage on your behalf.
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