Treatment of pension by CSA:
The 800 UK pounds/month payments increased to about $35k/pa under the Oz CSA. But this is irrelevant now. I must admit that I am bitter that CSA basically agreed that payer could not support himself but still dismissed it. Without my help (I paid for everything for 3 years), payer would have gone bankrupt. This would have lost him his job and hence payee would have got minimum payments!
I agree CSA do have the right to assess payer as generating the max possible income but their own documentation states that discretion should be used. To quote the CSA's own documentation "once CSA has determined that parent's income , earning capacity are not reflected in child support assessment, it must decide whether this produce an unfair result". Letters from the payee's solicitor show that payee agrees that the payer will take the lump sum to re-establish himself so it seems harsh that CSA should effectively support her in reneging on this deal by effectively saying that payer should not be able to do this (payee told CSA about lump sum in cross application). CSA guide also says "in each case it will be necessary to decide whether the (lump sum) payment results in one parent being in a better financial position compared to the other parent". In the CSA's guide, the example given of when a payer's financial resources are taken into account is that of a payer who has a low income but has a lump sum (not from his divorce settlement) which can pay off his mortgage, while the payee is unemployed and lives in public housing with 3 kids. In our case, payee is working, and has almost paid off house, while payer is retired, has 2 other dependents, lives in military housing (provided for only as long as I stay in military) and has no assets apart from the lump sum (which is less than capital in payees home and would pay for less than 50% average property in UK) and is his share of settlement. Our argument to SSAT would be on natural justice grounds that CSA have not considered whether decision was fair to both parties or the relative financial situations.