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The SSAT process that my Ex instigated is over with him winning big time. He is back to $200.00 a month. He always wins as he has a fantastic legal team that are always at every turn. I cannot understand how CSA could have made such a big mistake plus the accountant I organised to look over the paper work.

My main issue with all this is they have set my income $10 000 above as my capacity to earn could improve. I earn way above the average wage and it was under my doctor's advise that I had to drop a day of work as when the Ex took my son two years ago to which I still know nothing about the child, I was heading for a break down. The Doctor wrote a letter to my employer and CSA which the SSAT have ignored. I was also told I could invest money better to make a better income as my Brother is a stokebroker.

I can leave my income set at this amount however now I will have to pay him even though I do not have the income. With the court date looming I am sure all this is going to come up eg. How am I going to afford the other kids while I have to pay him such a large amount.

I know CSA are not the best orgainsation( being nice here) but how could they make such a mistake?

I will take it to the local member etc…and probably have to take it to court which I would prefer not to. The other thing is the COA went in August 2007 and now they are only setting it till November 2008 and I would be silly not to request half the kids schools fees now as he signed a court document in 2000 that we are to educate them at a Catholic School and he would pay half. When I got the larger amount I felt I would just leave the school fees.

Any suggestion would be much appreciated.
annie this is by no means my area of knowledge let alone expertise so please check and wait for some better advice but I believe you can appeal this decision through AAT.

It may be wise to specify the medical condition and it's probability of bring on going a doctors advice may be a little pale if he does not specify the problems.

Just a thought   


Thank you. The problem is the custody battle but if my doctor had written it was stress caused by this and also the amount of time off needed for the monthly court hearings he would have used it in court. As it was the letter the Doctor produced was in court and his Barrister demanded to know more. Yes I believe I can go to the AAT at a cost.
I understand what you mean about specific ailments I manage clinical depression and it was used against me or at least tried to be. I had to obtain a certificate from the doctor to state that I was able to care for my daughter. Just because we suffer does not mean we do not make good parents though I do understand your caution.

I've read a few posts of late on this and other forums where people seem dismayed by the lack of concern for those attempting to verify through S.A.T. hearings, unfortunately there is little to know feed back on the questions, if I do read anything positive I'll come back and post it.

 

Another decision



The SSAT decision which I was not part of has now changed the level of care. How can they do this? There are very few people who I have spoken to who go to the SSAT  that come out with a positive experience:
1. They have now given him 25% care of two children
2. 100% care of one child.
3. Decreased his income $40 000
4. Increased my income $10 000.

The objection was about his income not anything else and now the SSAT has changed all these things. What do I do? I have to pay him now and he earns
$20000 more then me plus has one child in his care. How is that just and equitable. Any advice would be much appreciated.
Annie

I suggest you talk to CSA about an appeal.  The SSAT can only consider matters that have been through the objection process.  The CSA has appealed a number of cases on this point.
Annie,
         I think the AAT is the only route that is left.

With regard to you having to pay, I can't see how if he earns $20000 more than you, that you have to pay anything. As an example say you're on $30,000 putting him on $50,000, then assuming all children are under 13's he would pay you $2741 pa. (2997 if any one or two children are over 13 and 3255 if all 3 are over 13). It wouldn't be until you are earning $50870 and him $50000 that you'd start paying (for the children all under 13 scenario) and then that would only be $1 per annum.

Perhaps I've misinterpreted what you're saying and the $20,000 difference was before the SSAT adjustment so by decreasing what he earns according to them, that would put you on $20,000 more and then $30,000 more when the $10,000 increase in your earnings is applied. In that case then I can see that you would pay CS due to the differential between what you earn. Say if he were on $50,000 then that would put you on $80,000 and the CS that you would pay would be $3703 (again assuming all children are under 13).

One thing to note is that he would get a 24% reduction for the care that he has of the two children. This is subtracted from his percentage of the combined child support income (combined child support income is [no relevant dependent children nor any multi-case allowance are assumed] what he earns less 18252 (self support amount) + what you earn less 18252).

So for the last example the CCSI is 80000-18252 (61748) + 50000-18252 (31748) = 93496.
His percentage of the CCSI is 33.96 whilst yours is 66.04%.
For the child that lives with him you'd pay 66.04% of the cost of the child (no care reduction), whilst his percentage of the cost of the two children with you would be 33.96-24 = 9.96.

Note the earning's are taken to be the Taxable income.


Thank you so much for your time Mike.

So far I have written to:

The local member for parliament.
Objection to the decision to CSA
And COA based on the Father' COA due to him wanting his income to drop even more.

I have also put in an application to the Commonwealth Obudsmen(no idea how to spell this one) who are going to look into it.
My question is should I also put in the AAT application?

The only way I can get the SSAT decision is under FOI so I have to do that as well.

The reality of all this is I care nothing about the money but i do care about his constant lies. The kids are getting too old with the two in my care running away from him and the one in his care running away from me which is my main concern at the moment!

Thanks everyone for your advice
annie said
The SSAT decision which I was not part of has now changed the level of care. How can they do this? There are very few people who I have spoken to who go to the SSAT  that come out with a positive experience:
1. They have now given him 25% care of two children
2. 100% care of one child.
3. Decreased his income $40 000
4. Increased my income $10 000.

The objection was about his income not anything else and now the SSAT has changed all these things. What do I do? I have to pay him now and he earns
$20000 more then me plus has one child in his care. How is that just and equitable. Any advice would be much appreciated.

annie,

When you say the SSAT has changed the level of care - you mean on a financial and not physical assessment basis?

You are entitled to a copy of the SSAT decision whether you were a party or not. A party affected by the outcome of a SSAT decision is entitled to receive a copy of the decision.

Do not bother to write to your local Federal member - phone his/her office for an appointment to discuss the matter.

It would also be useful for the SPCA if you could complete the following:

http://flwg.com.au/lobby/index.php?page=start

This information will be compiled for FACSIA and forwarded to the relevant Government department.






Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 


SSAT phoned today and told me I could get a copy from the CSA but the CSA say they can't. They changed the physical care. He now has them 24% of the time(two in my care) and the son in his care 100%. I wish this was happening but it doesn't.
annie said
SSAT phoned today and told me I could get a copy from the CSA but the CSA say they can't. They changed the physical care. He now has them 24% of the time(two in my care) and the son in his care 100%. I wish this was happening but it doesn't.

annie

The SSAT have no powers to change physical care -that is not in their remit.

Can you provide more details please and post it in the SRL-R members area to avoid the gaze of Google.


Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
i thought I would write an update. Due to myself removing myself as a party to the SSAT decision I have no right to that decision even if it is about me, even under FOI. I cannot take it to the FMC or the AAT as I do not have a copy of the decision. The ex income was set to 0 even though he earnt over $70 000. Mine was set $10 000 more. How is that Natural Justice? A very strange set of results as I did ask when I removed myself that there is still another level.
Annie, without knowing any of the detail of your circumstances I have but one suggestion besides the AAT/FMC route.  Any CSA decisions can be objected etc within 28 days.  Easy, engineer a new CSA decison that is not the same but similar and object and the whole process reopens again.  Takes a bit of a hide to do, but it works.
Funny you should say that Big Read because when I phoned National office of the SSAT in Melbourne to argue FOI that is what they told me to do but when I phoned CSA they told me they could not change a SSAT decision..Which is it??? The latest COA has just been dropped by ex, no idea why but I guess objecting to having to pay $0.00 and me having to pay him considering I earn $20 000 less and have 2 kids in my care made him think maybe he could not get a better decision. So I should object to the latest changes made by the SSAT that CSA have implemented? Do you think it would work?
You need a NEW CSA decision to object to.  Or a new set of circumstances so as to open the door again.  Think laterally here.  Have you lodged your tax return yet?  Maybe you undedeclared income on your tax return and need to lodge a variation.  A $1 change would amount to a new decision.  Have the care arrangements changed since the SSAT decision?  See where I am heading?
Yes I do see where you are heading and I have lodged already an objection due to care so maybe I already am on the road to change. I have also just completed another one about something else so maybe this is another avenue...
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