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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5460
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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How can the CSA claim against the father's "prospective

Customer Question

How can the CSA claim against the father's "prospective income"?
JA: What state are you in? It matters because laws vary by location.
Customer: Victoria
JA: Has anything been filed or reported?
Customer: The ex wife has lodged for a reassessmet demanding $20,000 per annum for 3 children, (15,16,17 years). The father is a subcontractor earning around $45,.000 pa. He is putting in an application for a reassement including their demand for a profit and loss statement. He is now in debt with CS and suppliers as he cannot keep up the payment shedule. He is currently, paying $500 per month (as per orginal assessment).
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think thats all for now.
Submitted: 6 months ago.
Category: Australia Law
Expert:  Daniel replied 6 months ago.

Hello
What line of business is he in?
The Agency will make an assessment as to what he is capable of earning. They would be immediately suspicious of parents who own businesses ans are trying to hide income.

Thus, they would come to some idea as to what a parent would or should make each year.
The Agency would see that $45,000 is quite low, around $850 a week, so the father would need to really prove how / what / where with respect to living expenses and work.

Customer: replied 6 months ago.
He is a carpenter and self employed. The current general rate is around $45.00 per hour.
Expert:  Daniel replied 6 months ago.

Hello
On that alone, child support would be sceptical.

$45 an hour x 8 hour day = $360
5 days x $360 = $1800
$1800 x 52 weeks (1 year) = $93,600.

Customer: replied 6 months ago.
His tax retour for 14/15 was as stated 15\16 he has been self employed. Do CSA have a reasonable assessment of expenses such as car, tools, tax bad loans nsursnve rent et ect and the calculation assumes he is able to stay fullly employed and all clients pay
Expert:  Daniel replied 6 months ago.
Expert:  Daniel replied 6 months ago.

Hello
In respect of the above, yes the agency do take those factors into account.

Expert:  Daniel replied 6 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Customer: replied 6 months ago.
I have requested a phone conversation but am having difficulty with processing the request
Customer: replied 6 months ago.
Daniel, we believe that the amount of csa payments being required $1600 per month based on his potential is exorbitant and we will speak with a cs specialist solicitor in the next week or so. Thanks
Expert:  Daniel replied 6 months ago.

I undertake child support matters in practice.

Expert:  Daniel replied 6 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 6 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 5 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.