Joined: 25/May/2012
Location: Australia
Posts: 105
QuoteReplyTopic: Fraud, fringe benefits and CS! Posted: 12/July/2012 at 14:50
Hi,
I am wondering what I should do with regards to my ex claiming a wage that is limiting his income for CSA reasons, both he and his boss have have advised CSA and other govt agencies including the. ATO, that the income is approx55,000 with no other income or benefits.
I have been relentlessly pursued by my ex to cease child support as apparently he cannot afford it even though he has been on 4 long holidays all over the country with his gf, this year alone. I have now just had another review filed to have CS ceased and when the CS officer spoke to me about it, she advised his income is only $55,000 with no other benefits, and I said what about his work car, insurances, fuel, etc.. And CS said they asked both my ex and his boss if there were any benefits and they both advised multiple times there wasn't. My ex has had these perks for 8 years. I was advised by the CSA that I need to lodge a fraud case with ATO against both my ex and his boss? Is this correct?
The perks when I was with him were worth approx 30-35k a year above his wage which was $57,000 . Somehow his wage has decreased and his perks have disappeared??? Even though I know they're still ongoing.
Sueby, I think you need someone like BDEye to do some surveillance on him to prove these other benefits. He lives not all that far from you, but obviously to obtain a report from him he will have to do some work which will cost you some money, have a talk and get a quote.
I am NOT a lawyer. Anything said is NOT legal advice.
Please post your legal questions in a forum rather than sending a PM. Thanks.
I agree sometimes it is much easier if you can present the evidence that shows it is the case that a party is earning a greater amount and getting fringe benefits. If you present them with the evidence it makes their decision easier than the current she said/he said.
I can prove all of it with all that I already have. I actually have copies of the fuel account that is in the bosses name, for the work ute, I have the work ute's registration as well as pictures of it "on holidays" ie he has the car 24/7 365 days a year. I have copies of the insurance documents with his boss clearly shown as the account holder and my ex is the one insured. The only thing I dont have is the recent pay slips but by the time the taxation dept audit him for fraud Im sure the companies books would have been scruitinised? Surely?
CSA said I need the investigation to happen and a outcome before they could do much cause its based on what they "say so"
I think the best way for you to proceed is as you have been advised by CSA. If they are conspiring to act fraudulently to reduce income, the ATO is the best way of approaching it. Once they have something, the CSA can act on that advice.
Edited by jaazzz - 13/July/2012 at 08:57
Any opinion given should not be accepted as legal advice.
Please post your legal questions in a forum rather than sending a PM. Thanks
I would be interested how you get on.
I reported my ex over 2 years ago to the CSA, ATO and Cetrelink and to date have not had any form of information back. I dare say that its been put into the to hard basket.
Funny you should say that Jazz. My ex worked 2 days week at $30k p/a and showed in her COA that the boss bought a new car, where by she/he works 3 days a week more to pay for the car. So that is 3 days a week of income not declared, if its not declared then it's a fringe benefit.
Asia Oil, if that comment is at me, then you have it wrong. I am not pursuing my ex, my fight is against the CSA who have neglected to help and manage my responsibilities as a parent.
AOD, if the comment was directed at me, to put it in perspective, I have had a total of 26 reviews through CS because of my ex, he has on average lodged one every 9 weeks.
This man lodges a review with CSA because Im hiding "masses" of income when I bought my son a laptop for uni. if I can afford a $800 laptop then I must be a closet Bill Gates!!
My ex earnt over $2k in the hand per week when I left him and a month later when he lodged a CS application in the hopes Id have to pay him, he amazingly had an income drop to just over $700 a week take home.
Meanwhile I am struggling to raise two kids that he doesnt see, doesnt talk to, and contributes a whopping $100 a week towards! Im not wasting any time worrying about his fraudulent tax dodging ways, its reported and I have done my part. Now hopefully he will leave me alone to get on with raising our kids in peace.
All I'm saying is - look forward, not backwards... in five years you'd be amazed at what a difference it makes. We see many posters here expending a lot of effort pursuing the past to no avail.
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.
I'm not the one lodging endless fruitless reviews with CSA, he is, every 9 weeks, when nothing in my life has changed. I bought one computer for our son for Uni and he lodged a trade of abuse and reviews and harassment, and yet he has been on 5 holidays in 7 months and you think I'm the one who needs to look forward. I'm remarried and happy, he is still calling and texting me saying I abandoned him. I want him to leave me alone, I want him to stop making up bullsh*t and lies about me when I am doing the best I can for my kids, and lastly I want him to stop being a tax cheat and actually live by the rules he wants me to live by and declare every single cent that actually comes into his household, the same as I am doing and am forced to prove every 9 weeks I am doing by his reviews, not just the amounts he deems he needs to report. He has control issues, I was a battered wife for 20 years and I lived by his rules, but no longer, now he lives by the law. I am taking back my control, and I don't really care if you don't like it much or not. I'm tired of being dictated to by people who don't have a clue.
Is there some reason why you have not reported him to his service provider, as it is an offence to harass anyone using a telecommunications device and is there an AVO in place? If not, there should be!
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