by Gladstone  30/01/2014  199 Page Views
2 Comments  Family & de facto law, financial agreements, consent orders
The CSA has just sent its assessment to me.

Despite my indicating to it that my intention is to care overnight for the two children for two nights a fortnight - just above the 14 per cent annual night threshold - CSA has assessed my care percentage as zero.

My former wife is moving with the children 50 kilometres away to the other side of the city. I do not have a car, so collecting them would be difficult. The older child in particular says staying at my home would be disruptive to his sport or study routine (an argument with which I have some sympathy) and my former wife is unlikely to agree to me having the children two nights a fortnight (presumably because she welcomes the extra child support funds).

As is commonplace, she is about to move home without any discussion with me, apart from the usual administrative appeal to teh CSA and then perhaps similar to the Social Security Appeals Tribunal, do I have any realistic options to pursue if I would like to increase my nights spent caring for the children from an assessed 'nil' to above 14 per cent to reduce my monetary liability to her?

I am not one for engaging a solicitor and nor do I want to have to spend time in a tribunal or court if I can so avoid. We had previously (a few years ago) come to a private agreement re a property settlement and I had always paid her whatever she requested (monthly amount plus school fees) until she finally decided to 'go the CSA route.'

Many thanks.