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SSAT decision

set aside

SSAT decision set aside. Payers income set at $17,283. Which means $23.00 a week child support.

SCO set it at $58 K. Objections officer set it at $28 K.

I am the payee the payer is self employed and 50% shareholding in another company. I have 100% care and have so since 1993. Since 2003 the payers income has been less than $17 K per year so fixed assessment have been applied. Payers business turnover was $80 K in 2008, 2009 tax return not done BAS 2009 $92 K. 50% shareholding company $450 K of which $212 K pays subcontactor the rest in expenses so there is no profit. SSAT hearing payer does subcontacting for 50% shareholding company he dosen't know how much he gets paid and he and others are also subcontractors. A loan amount of $5200 he doesn't know what it is for. Has illness which has prevented him from working full time .(Told SSAT pre hearing it was a life threating illness) turns out to be anal ulcers.

The Payer aquired a no doc home loan in 2006 of $355 K on an income at the time of $17 K. He has a fiancee whom earns $32 K his parents gifted him $45 K.

The SSAT states It is clear that the payer has taxable income which is understated (for child support purposes) for many years primarily due to the treatment of depreciation expenses associated with the Business. What is not clear is that this woulld of made any significant difference to assessments which have always been on a fixed annual rate 9due to his low income). the Tribunal is further concerned that the payer appears to have little if any current capacity to meet any increase in the arrears or any real prospect of doing so within a reasonable time frame.Accordingly the Tribunal considers 9th September to be an appropriate date for the departure.

So this person has a lifestyle of Asset Rich and income poor. Has nothing to do with his son what so ever and gets away with a token payment of child support of $23 dollars a week.  As the payers income  is entirely consumed by servicing his mortgage.Of which he has $80 K equity. The Tribunal agree that the costs to me are $18,200 a year which consumes alot of my income and the Tribunal state that my husband is paying a significant proportion to my son's needs.

So I have gone through this process for 10 months and nothing has changed. To challenge it again would be at a cost to pay for a lawyer and legal bills we can not afford.

What about the child ? What kind of parent treats their flesh and blood like that.

CSA ,SSAT What a joke.
To be honest since you have not given your side of the story (finances) I think the situation sounds quite reasonable. There are many people at the moment suffering from Mortgage stress from the financial downturn. I'm guessing the 80K equity includes the 45K gifted by parents?

It's unfortunate that the payer does not see his son. There are usually reasons for this as it is not normal for parents to neglect their children.

On another matter does your husband have a child support case against him?

comment about my finances

Thank you for your reply. My financial situation is that I work permanent part time and gross approx. $24 K a year. My husband does not have a child support liabilty. My husband works full time we have a mortgage and we also have a 7 year old child. My son whom the child support case is about is currently studying fulltime but is unable to access youth allowance. We as a family live within our means and support both children. The payer has chosen to have expensive assets over his child support obligation.
Hi Astrogirl, I am sad that the biological father has nothing to do with your son. My son has also been subjected to a father like this. It is damaging and hard to explain to children that it is not their fault and also at the same time not run the other parent down.

It is becoming more common but not normal for this behaviour of some parents - in my case the stepmother hates my son (can't accept that her partner had a life previous to her) and has prevented contact between father and son.

There is the option of appeal to AAT (Administratives Appeal Tribunal) before court. Anal ulcers may be karma.
Thank you babygirl, I'm sorry that your child has a neglectful parent as well. In regards to AAT I don't know if it would help as obviously I don't have a law or accountant background. I just don't get that the legislation,that on 3 different occasions you get 3 different amounts.When this person was working for an employer he was earning $30 K. Has been in his current business for 10 years and earns income at times less than unemployment benefits,so you could only conclude that it is to a personal benefit to him. (such as a substantial home loan and expensive car) . In regards to anal ulcers maybe it is karma,because there certainly isn't any justice.
An appeal for this type of SSAT decision cannot go to the AAT - it has to go to a court.

When you say asset rich, 80k or 35k after gift is not a great deal of cash. Property values just have to drop a little and it's gone. It really depends on whether renting is more affordable or not.

You have not mentioned what you got out of your property settlement with his as this might have some bearing on the outcome of the case.

Also what are the costs for $18,200 for? Are these course fees? If the father did not agree to the son undertaking this type of study, that might be another reason for the decision.

Just wondering have you tried to encourage the father to see his son? If they had a significant relationship the father might be more interested in supporting his son. Otherwise he might be feeling like he is being treated as a cash cow.

The $18200 is what the SSAT agree it costs me to support my son per year. This includes food, clothing education medical etc. The average cost of a teenager is $16000 a year they have done studies on this Fairgo. I support my son 100%,I love my son 100%. I agree both biological parents support their children. The payer has chosen not to participate in his sons life NOT ME. The payer chose to pay $510.00 a week for a mortgage. The token payment of $23 in my opinion and others is an insult. Not a cash cow. My son is a human being with emotions and feelings whom I thoughly support. Fairgo you tell me what $23 pays for,is that really a real amount to assist???
You have not mentioned what you got out of your property settlement with his as this might have some bearing on the outcome of the case.(fairgo)

Unless specified that an amount go toward child support during property settlement, this is a separate issue.

The weekly amount is a joke astrogirl. Yes he needs a roof over his head, but as my partner was threatened by CSA they can sell any asset like this (when there is a debt involved) and regard supporting children a priority.

If your partner wasn't able to help support your son - you may have had a different outcome astrogirl.

If you reverse expenses for the other parent can you come up with an income required to support these? Include everything like food, loan repayments, phone, electricity,rates, fuel, entertainment etc. etc. May be interesting.

How did they come up with three different amounts? - the officers should have included a breakdown with their respective reports.
There was no property settlement, we lived in a defacto relationship for 2.5 years.We were renting I left with my clothes and my sons things. From May 2006 until January 2009 the payer was paying $7.00 a week for child support so their is minimum arrears.Whilst I agree he needs a roof over his head he chose to have a high mortgage. He chose to become 50% shareholder in another company.

The expenses the payer stated to SSAT added up to $510.00 a week. His fiancees expenses added up to $605.00 week.There are no other children in the payers household.They have pets. He stated his current income is $442.00 a week with no tax. Fiancee income $628.00 after tax. There was also a loan for $5200.00 which payer cannot remember what it is for.

SCO had a formula for CS. Objections Officer and Payer came up with the amount of $40 a week.(Payer admitted to at SSAT hearing) No formula given by SSAT.
Just did a few figures and they have expenses of $57980 per year combined, yet their combined income (they have stated to be) is $55640? They cannot apparently cover their expenses with their income so therefore it is likely they are lying about income.
Hey Babygirl, thank you. You would think that the intelligent people at SSAT should of worked that one out. The payers financial information was different as to what was stated to the CSA as well.
I am so angry.
I'm starting to think that Babygirl is a CSA operative.
Astrogirl - I appreciate what you are saying but please be a little more discreet with the facts and figures as I'm sure you are aware that you are not allowed to disclose any information obtained from a the SSAT case to anyone.

I agree $23 pw is not a lot but if you are receiving full family benefits, the cost become a little easier to bear, and even when the benefits mostly cut out when they turn 16, most young people get a Maccas job to make up for the difference.

The problem that you might have is that the benefits are determined by your husband's and your incomes which unfairly put the responsibility onto him. If Family benefits were determined by joint biological parents income then you would receive more due to the ex's low taxable income and your hubby would not be made financially responsible.

I was asking before if your hubby had a child support case against him as he would be able to apply for a change of assessment to reduce his liability due to supporting stepchildren.

Property settlement is important to see how both parents are living in the present to make sure a decision is fair in the present situation. I think in your case your hubby is been made the scapegoat because he is the higher bread winner and possibly has more assets behind him.

Your ex's partner's income is not meant to have any bearing on the situation unless they have business dealings that are not at arms length, however 30 odd k is not a very high income.

Interest on 355k would be about 24k - depending on where you live this might be an average rent.

Maybe you just have to realise that you are a lot better off than your ex, and your ex is still struggling to get their life together. Given your comments from the SSAT - he would not be able to pay off arrears - it appears they have come to the same conclusion.
Then perhaps he should of bought a home that was cheaper,knowing of his obligation of child support. Do you have a bias to self employed.
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