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Thu 16th June 2016

Administrative Review – Grounds 8 Capacity to Earn

Filed under: General — @@@ @ 8:20 pm

Hi,
We have an administrative review next week and I was looking for some information/case file evidence if anyone can help? The review is under Ground 8 and based on “Capacity to Earn” instead of true financial earnings. Has anyone had any experience with this in the past and would you mind sharing the situation and outcome? The more prepared we are before we go in the better I feel! I really don’t trust admin reviews and have had them turn ugly in the past. Any support, guidance or past experience would be greatly appreciated. Thanks!

7 Responses to “Administrative Review – Grounds 8 Capacity to Earn”

  1. Allan Harvey says:

    The problem most have with Administrative Reviews is they apply first and state their position badly to IRD so the review officer applies the principles as determined by Court precedents and most get turned down.
    A much smarter approach is to ask for help and advice first. Draft your application to the principles and precedents that support your position and submit that to IRD for the of their review officer.
    About 75% of those who ask me for advice have already shot their own case in the foot with information they have provided to IRD.
    It may be sensible to withdraw your application and rethink what you apply for at a later date. IRD allow one review a year on each ground. Do you really want to waste your opourtunity with a half baked application?
    To be successful under ground 8 you need to show that the other party has a higher capacity to earn and document evidence for that claim. Many assume they can use it to justify a lower income figure for themselves due to changed circumstances. That is better done by an estimation of income and the fall in income needs to be greater than 15% which is quite a significant change in both income and lifestyle.

  2. Man X Norton says:

    Allan, I suspect @@@ @ is on the respondent end of this application under ground 8. Ground 8 must be the most widely abused one by both applicants and review officers. Ground 8 allows the IRD to decide that a father (almost always a father) could be earning more than he actually does so his so-called ‘child support’ is ramped up accordingly. It would be interesting to know about successful strategies for ‘liable’ parents to shut down applications under ground 8.

  3. A dad says:

    From my experiences (I’ve won 2 admin reviews under ground 8), the evidence must be provided at the time of the application. The reviewer will ask questions based on the evidence you’ve given and of course what they have obtained from your tax records. However? Im not sure if that is all your tax records or just your child support.
    You have to remove all emotion from your case as to what is fair. They are looking at your case purely on the interpretation of the law. So if you can argue that you work the hours that you do because of family commitments for example then they may take that into consideration. The same applies for the other party. In my 1st review the reviewer agreed that my ex could work more hours than she was but decided not to allow fully time work, just somewhere nearer. Perhaps it was better to soften the blow to my ex.

  4. Working mum says:

    My ex has not worked for over 2 years, does not declare an income or is paid a benefit. He has taken “time out” to do other things and I expect living off the settlement for the house I paid. Because he has no income and the assessment is on income I end up paying despite having our daughter 50/50. I don’t get it. He is more than capable of working and just because he chooses not to shouldn’t mean I foot the bill. I have sought a review so not sure what to expect.

  5. too tired says:

    to Working Mum,

    My ex hasn’t worked in seven years so does that mean I can stop paying child support? The system doesn’t work for you, it’s against you! You will never change the rules to suit your situation, they don’t care!.

    like all men everywhere you have to suck it up.

  6. Voices back from the bush says:

    The united nations delegate for gender equality- wonder woman, has been fired this month after 2 months in the role.
    What will we do for equality now, Robin?

  7. A dad says:

    Working mum.
    You can apply for an admin review on grounds of the other parents ability to work. Eg, they may not be working but have the ability and choose not to. My ex did exactly this and then worked part time. I didnt know aboit the admin reviews until she tried some really nasty stuff and then i had to study the law and find out what i was able to do.
    Lawyes are useless. They dont know much about child support and are obly thinking about their hourly rate when it comes to family court and the childrens best interests. For IRD admon reviews just check the IRD website.
    However, and this is the moral ground. Do you think that as you both have 50% of your childs time you both shouldnt NEED to pay any child support to each other? You’ve split the relationship property and now you can work to make life for you and your daughter easier. If you can both agree to share the school/after school costs then that would be the most fair. solution. Child support in its current form just pisses everyone off as it isnt a fair system.

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