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Post #39488 by frizzlechic on November 8th 2011, 8:17 PM (in topic “Capacity to earn - Cash Poor/Asset Rich”)

Capacity to earn - Cash Poor/Asset Rich:

Read the guide for COA REason 8. there's a link on the site and other posts that have the whole document attached.  There are paragraphs in it  about assets or coming into windfalls etc.  how it is applied to payee's however may be a different story.  CSA has the power to assess her income etc at a higher level due to her access to financial resources othe than taxable income.  Definately read it.

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Post #39487 by frizzlechic on November 8th 2011, 8:09 PM (in topic “COA REASON 8 against payee capacity to earn”)

COA REASON 8 against payee capacity to earn

We have just lodged a COA citing reason 8 as the payee is running a business her husband has funded and paying herself part time wage for the privelige.  Her husband has 2 company's in a totally unrelated industry and would only fund this business for his wife who trained in this field.  We believe they have arranged things so that he is the legal owner of the business etc and she appears as part time employee but she still gets the perks of being a business owner through her husband as well as appearing low income earner.  She's had fixed costs ie mortgage phone, internet and car costs all covered by her husbands income so she has alot more ability to contribute to our childs "daily" needs.

Has anyone attempted to get the payee's child support income increased due to capacity to earn or financial means other than taxable income??  We are not trying to minimise our income at all but rather prove she lives beyond her means in reported taxable income.

We are cynical but hopeful that they make a fair and right decision here as blind freddy can see whats going on.  You hear alot about what they have done to make self employed payers pay more so it will be interested to see if they make a self employed payee go through the same motions.

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Post #21575 by frizzlechic on March 31st 2009, 10:37 PM (in topic “Can anyone help with parenting arrangement concerns?”)

Can anyone help with parenting arrangement concerns?:

Perhaps some mediation could assist you and your ex to discuss each of your concerns and compromise a resolution.  It sounds like you both have differing best interests for your child and I am encouraged by your willingness to apply a practical approach for overnights given the history of his unsettledness to routine changes.  We had a very good and sensible mediator but the results or success completely depend on how well you and your ex can work together for your son at the end of the day using their guidance.  This can be done without the expense of trading solicitors letters too and is a requirement  prior to any escalations for court appointed orders.   

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Post #21421 by frizzlechic on March 27th 2009, 3:12 PM (in topic “Withouth Prejudice”)

Withouth Prejudice

Hi, We are receiving all our correspondance from the other party's solicitor with "Without Prejudice" written on the top of the front page.  I have googled it but I'm still confused about what it means and how it may be relevant or affect any actions or information we want to provide to the courts on the other party's hostile attitude towards resolving the issues.  Cheers!

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Post #21420 by frizzlechic on March 27th 2009, 3:01 PM (in topic “Dispensation of service”)

Dispensation of service:

Hey, good decision to reduce some stress and take care of you!  You need to be fit and healthy emotionally mentally to be able to tackle the issues involved in your situation.  I wish you luck and a fair go.

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Post #21349 by frizzlechic on March 24th 2009, 8:54 PM (in topic “Unfair URGENT hearings in the Fed Mags Court”)

Unfair URGENT hearings in the Fed Mags Court:

It should always be a matter of urgency to resolve these issues between parents for the childrens sake…I think it is a shame how long the courts can often allow these things to drag on and since we did not file an urgency application ie we had to wait 6 weeks before the first hearing and then 2 months before the ordered family counselling…we are now 5 months down the track from the initial submission and still dealing with the crappy games from a vindictive ex.  But we will persevere with dignity and respect!

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Post #21295 by frizzlechic on March 21st 2009, 10:35 PM (in topic “Parenting Plan Affect On Child Support”)

Parenting Plan Affect On Child Support:

Hi, from my understanding and experience, CSA would prefer to go off the legal documents ie court or consent orders.  We are in the process of getting clearer orders that will reflect the amount of time we are having and hopefully match our willingness to participate in the childs life. (access stopped initially and the unfortunate games began after the new policies were introduced) Unfortunately if one of the party's breaches the orders, the other party has the legal recourse to take them to court for breach of orders. I believe they are tightening on the penalties for this. I dont know how this affects CSA assessments if you tell them the orders are not a true reflection of care, but I would say keep your own records and use them for a change of assessment if they do not reflect the orders.  and yes it is costly unfortunately.  Also mediation is available if both parties are willing to cooperate resolutions for the sake of the kids…unfortunately, ours wasnt.  I wish you luck as all of these paths, any of them require alot of soul searching and consideration to do what is right for your children and then yourself.

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Post #20069 by frizzlechic on February 10th 2009, 9:14 PM (in topic “Written Threats”)

Written Threats:

I'm no lawyer or cop but Do not respond to the threat directly back to the ex partner.

You need to remain calm and in control. And hold on to that piece of paper.  You can certainly let the police know and where you think it might have come from they may offer a warning depending on how they see the situation.

If you have a solicitor I recommend discussing it but do not retaliate yourself either in writing or verbally… stick to the topic… getting orders to maintain a relationship with your daughter and let the ex play her manipulative games.

If you feel there is a very real threat the police or solicitor can advise you.  We have a similar situation and need to rise above the BS and show we are the mature and reasonable party in the dispute with no personal agenda against the ex no matter what lies or manipulations she has done.  I hope this helps a bit.

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Post #18722 by frizzlechic on January 2nd 2009, 10:56 PM (in topic “Evidence”)

Evidence:

A bit of extra work, but do both I reckon.

If your computer crashes, at least you still have your written copy that is just as transportable etc.

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Post #18479 by frizzlechic on December 12th 2008, 10:22 PM (in topic “Frightened and confused about contact arrangements”)

Frightened and confused about contact arrangements:

Hi.

I was wondering if the father is rebelling if he is unhappy with the current visitation arrangements by returning them later than the agreed date?

I know from personal experience if one person feels they don't have a fair go passive or agressive actions can be taken.

I think some mediation may be required to find a solution that works for all parties, mum, dad and child. It might give mum more free time if a weekend visit is allowed.

Good luck anyway!

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