6 Comments Family & de facto law, financial agreements, consent orders
Dont do it. What is her motivation? I'm guessing she sees some pay rises coming her way, especially if she resumes full time work.
You could agree to a limited agreement. It expires after three yrs.
Also things get messy. So check with CSA but I don't believe they will accept an agreement that means the payer doesn't pay... Basically they are trying to prevent situations where one parent says stuff like if you agree to this or that I will agree to forego child support... using kids as pawns.
Again, check, but any binding agreement needs both parties to get legal advice. So you'll have to pay a solicitor a grand so that you don't get the child support. Sounds like fun?
And binding is binding... Kids come live with you full time OR mum gets a super big new job with a super big salary... the agreement is binding.
So let me ask you. Why do you think she wants it... I'll answer, to save her money by not giving it to you. True? What other possible reason could there be?
Yes, I'm not clear on what her motivation is, the only situation that comes to mind is that she's expecting her payments to go up substantially once her provisional income is updated.
Seems that she really wants a BCSA, too - her way of applying the pressure for my husband to sign was to say that she would request a new assessment if he didn't, which would require disclosure and consideration of all our shared assets, bank accounts and otherwise ("and yes, I do have the form in front of me that says all of this") to calculate child support.
The form she was looking at is obviously a Change of Assessment - Special Circumstances form, and while disclosure of such information to my husband's ex-wife would feel like a grossly unjust violation of our privacy, we do realise that all she's going to learn from it is that special circumstances are unlikely to apply.
We've told her we're happy to work on a private arrangement which sees no child support paid and half fees covered instead, but it would remain informal and would need to be preceded by an application to end the current child support assessment, or alternatively, we can just stick with the child support assessment and leave it at that.
Agree with emca01... Can't see any reason she would have except to pay less in the longterm...
I suspect the COA she is threatening you with is a reason 8.. I'm not sure how much of your own asset's prior to the relationship with your husband would need to be disclosed. Would depend on the circumstances.
She of course would also have to disclose all. Not something she may be happy to do... Perhaps a bit of a bluff..
Below is a link to a very detailed explanation of reason 8 COA... There may be something in there about exactly what each party & their partners would need to disclose
2.6.14 Reason 8 - a Parent's Income, Property, Financial Resources, or Earning Capacity Context
Thanks, jaazzz, sounds like we are all of the same thinking.
I donâ€™t think she would succeed with Reason 8. We have only owned our house for a year, so itâ€™s still burdened with a big mortgage, and our two cars are just ordinary family vehicles, nothing special. My husbandâ€™s only income is his salary. Ex-wife rents, one car the same as one of ours, also only earns a salary for income. Certainly nothing out of the ordinary.
But given the history with ex-wife (sheâ€™s subject to undertakings in lieu of a DVO in our favour after four years of very unstable behaviour), the prospect of disclosing all of our finances and expenses leaves a bad taste in my mouth. We keep some very strict boundaries in place for our own well-being, so that would be breaking down one of them.
Iâ€™m hoping she wonâ€™t bother. Iâ€™m sure she doesnâ€™t want us knowing her financial situation, either.
So your partner is up to date with tax? If CSA ask provide the info they ask for. Play the game. The dumbest thing you can do is to do nothing. That invites CSA to make a decision without the correct info.
CSA is not all that bad. But being complaint with them is the best way of getting a good result.