11 Comments Family & de facto law, financial agreements, consent orders
Mate no matter how I did the maths I couldn't get more than 34.8. There is some really crap rule that says they round down for the non-primary carer and round up for the primary carer. so 34.8 becomes 34.
I think my main concern is how to approach her statement. There are two options.
1. Rip it to shreads, outline every inconsistency. Stuff like how she meets me outside the kids school, I give the kids to her THEN she walks them into school AND as a result of that 5 minutes between when I drop them off and she walks them to school she wants to be credited with the full 6.5 hours they are at school.
2. Just let her self explode, the fact is the legislation states child supp is calculated in nights per year, and rely on the fact the tribunal members have a brain.
I think the thing that gets me is she is accusing me of being financially controlling because I refuse to agree with her maths and her preferred way of calculating time with kids...
Anyways any thoughts on this tribunal and the best approach to her statement. Smile and nod OR attack???
Still with the games? Does it ever end. . . .
My thoughts. She's accusing you of family violence ( yep, new definition and all that). Would "buying into her crap" actually help you, or make her story seem more likely??
I think you once told me not to character assinate - let them unravel themselves. But let it be known that you are happy to walk kids to school gate etc. . .
If you do get any tip offs in regards to getting legal aid, let me know. I'm struggling with the visits during "witching hour" & baby not being out to sleep in the 8 hours baby is with him, that it is effecting their development & professionals recommend change of when/how visits occur (note, not seeking reduction in time).
Good luck mate
I think she organised legal aid JUST prior to picking up $100 000 from the sale of the house.
On that note, is the single parent payment means tested? If so when someone has $100 000 in the bank are they still eligible.
Rannii with reference to character assassinations, her statement is full of them. I just feel I should respond. Stuff like "He has a long documented history of being financially controlling." BUT there are no documents, except for the consent orders which saw her walk away with basically everything and leaving me with my crap car and 75% of my super, but she got all the proceeds from the sale of the house, 25% of my super, the furniture and the good family car. I also have a settlement proposal from her where she gets all my super and basically 100% of everything AND sole parental responsibility.
My thoughts are if she has made statements to these people the besmirch my character I should defend myself.
I would inclined to hold my head high. Let her produce the evidence and refute it then.
I still can't understand her getting legal aid. I've only approx $40k equity in the house, I was advised that even if I could produce court doc that the funds held in my name, the half equity I own will preclude me from LA.
However, legal aide funding I've since learned is based on area - unfortunately I do live in a low socio economic catchment :(
The cash in her name will certainly reduce her pension, by way of deemed interest being an income. However I believe assets level are quite high. About $200k for non home owners or $600k for homeowners. There is also a provision for excluding cash if it's a result of a sale of primary residence with intent to purchase another within (maybe) 2 years:
When we split the lovely ladies put house, investment property & almost similar cash as 100% mine rather than 50:50, however explained it wouldn't really make a difference.
I did think LA was meant to be merit based??
Hi eamon.... As you rightly pointed out, the SSAT will only be concerned with the merits of the case, & whether or not the CSA was right to make the determination they did.
It sounds like your ex's submission is irrelevant nonsense full of personal opinion & probably just demonstrates her ignorance on what is relevant. The CSA is only required to determine that hours is a more preferable approach to an assessment if it's clearly a better measure of actual care than nights,.
To that end, you just need to make your case why you believe the CSA got it right & nights is the best measure of actual care. All they will be interested in from her, is why she thinks hours is a better measure & any facts or circumstances she feels were overlooked by CSA in choosing nights over hours..
As far as legal rep goes, she would need to ask permission for that to happen & you would be notified. If you haven't been then she should be SR. If she has a rep then it will be the rep that is speaking & making submissions on her behalf, they can't both do it, it's either her or a rep. The fact that she has already submitted a statement herself suggests to me that she will be SR..
If you consider at some point in the hearing that the undisclosed facts about her business & de facto relationship are relevant, then you should make them known.. If you do so, have some evidence with you to back it up..
She definately has legal representation. It is from some mob called Welfare Rights. SSAT told me to call them but was advised they would not discuss anything with me. Reading between the lines it is because they are representing her. A bit of sleuthing confirmed this. I have been given the name of the solicitor representing her. I googled his name and he works for Welfare Rights.
Think it suxs that they will only rep one person and because SHE got to them first they are representing her. Of course she got to them first SHE lodged the appeal.
Will print off all emails, etc. I think I will make a short written submission refuting her vexatious crap like financially controling. Will provid a map of drop offs etc to help them understand that we meet in the mornings purely so the ex can take the kids to school and not me and that the reason is so the school time hours are calculated as time with her. Just madness
Thanks for the support though, sometimes I wonder IF I'm the nutter, but your feedback helps clear my head.
I have been to the SSAT for a Child Support case. Which I won. It was for a COA. I had a COA with CA but they only gave me a little bit extra not what I was looking for as the ex refused to provide any documents and they could only do so much without any.
Again at the SSAT he did not offer any documentation which he was asked for. So the decision went in my favour.
Best advice I can give is to smile. Don't roll your eyes or sigh no matter how silly/ ridiculous her comments are. Be polite, respectful and wait for your turn to speak!
They will look at details you provide like maps and should question her.
Remain calm and let her look silly.
Have the figures ready and show clearly how her asking for hours/ minutes to be calculated is financially motivated but keep the figure simple and not too confusing.
Be the good guy who is interested in your kids.
I would take a screen shot of her website to show them but do not make a big deal of it. They can direct the question to her.
Be friendly but not evasive. Do not get emotional.
Hope that helps a bit!
I've also been involved with the SSAT in relation to a CSA change of assessment. To be honest, they were really not interested in opinions such as your ex's "financially controlling" claim. They were only interested in the facts of the case.
My ex did provide bank statements for example and he was asked to point out various things, but nothing personal was even acknowledged.
You have an initial meeting (well we did anyway) and from that we were both told what we would need to provide. For us it was bank statements, tax returns, a financial statement of all in/outgoings, that type of thing.
It really wasn't as awful as I thought it would be.
Your welcome. Hope it goes well. Mine was quite adversarial. The SSAT was very cross that my ex did not bring the documents that they requested even though they had given him a time extension.
I did get into trouble for interrupting- take a notebook to ask/make relevant statement when it is your turn as you will forget your point by the time you get to speak! It can take a while before you get to comment.
I approached mine cool, collected and almost quite matter of fact. I tried to remove myself from the emotions and pretend I was doing a parent interview. I know you are a teacher and will get what I mean when I say this!