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Transferred assets

Hello,

I am after anything that may help.

I have appealed to the tribunal for a re assessment of the child support amount payable to the mother.

Essentially she has very substantial assets in her name, including shares, unencumbered property and is a company director of a family business. The CSA never took this assets into account while setting up the child support claim, hence my appeal to the SSAT.
I have now received her financial statement as we re closing to the hearing date, however I have noticed she has recently transferred 100% of her house in the kids name in order to reduce her asset weight.

I have been through a few SSAT cases in order to find anything relevant to my case, unfortunately, in vain. Is there anything I can do to mention this during the hearing?

Kind Regards,
I don't believe CSA consider assets at all. They just look at income is my understanding.

The assessment is based on the level of care of the children and the taxable income for each parent.
The CSA will look at assets that are income producing, especially in the payers case.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
Further to Montiverdi's post and n regard to a reason 8 departure (change of assessment) The CSA Guide - Reason 8 - a parent's income, property, financial resources, or earning capacity

The CSA Guide - Reason 8 - a parent's income, property, financial resources, or earning capacity said
Asset rich but income poor

In some cases a parent might have substantial property and assets but a low income used in the child support assessment. CSA may consider the parent's property and assets, as well as any income, in deciding the appropriate rate of child support to be paid (Abela and Abela (1995) FLC 92-568 and Bendeich and Bendeich (1993) FLC 92-355).

CSA will take into account that child support is intended to meet the day-to-day needs of the child, when considering a parent's capacity to contribute to supporting a child.

It is not sufficient for a parent to say that they are unable to pay child support because their assets produce little or no income or will only produce income at some point in the future. CSA will consider whether the parent has the capacity to restructure their financial affairs to produce an income stream from which to contribute to child support. In these cases, CSA may:

    identify the relevant assets, determine ownership of such assets and enquire as to any structures designed to divest assets;
    consider whether the assets are income-producing assets and, if so, when such income will be produced;
    ascertain the value of the assets;
    ascertain the parent's ability to convert the assets, or some of the assets, to cash;
    consider the parent's ability to finance his or her lifestyle; and
    consider the impact of any property settlement on the parent's assets.

CSA does not have to identify any specific source, property or asset from which a parent should meet the obligation to contribute to the support of the child. CSA need only consider the parent's financial resources as a whole, including any capacity to borrow against the assets (Dwyer v McGuire (1993) FLC 92-420).
An interesting situation as I though that childen can not own real estate until they are 18 yo. If the asset was transferred, who paid the stamp duty and transfer fees?
Samai, If I was you I would be demanding to the SSAT that all financial be supplied by your Ex, past and present.
What was your Ex income from the family business prior to the separation and what is it today. There may be some income splitting going on with the other family members, where by your Ex reducing income and other family members being paid more, then paying your Ex cash as additional income.

My experience

I have been through a few ssats to date, and I have been able to send ssat a letter with the information requested in the pre hearing detailing my concerns which they have read and questioned the other party on relevant points at the time of the hearing.  bear in mind the other party will get a copy of this letter.  Also in the pre hearing you will be asked whT you believe is relevant and given the opportunity to provide input into information the other side is required to disclose etc.  in this pre hearing I suggest you also bring up the change of assets from your wifes name and perhaps a disclosure from the company of her financial rewards for her position.  Also submit any documents you have with previous information on her assets or income so they can validate where these assets have gone.
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