Ground 8 (Her Income)
Hi,
Just wondering if anyone out there has ever had any success with an Admin Review based on the increased earning capacity of the custodial parent. The custodial parent in my case has recently received a rather large inheritance and is doing well for herself while I am still expected to pay her about $1500 per month in Child Support (for 1 child) which I can’t afford. I believe that under the new regime the custodial parents income is also taken into account. I would appreciate any tips on this as I want to do an Admin Review on her based on Ground 8 and her improved financial situation. Thanks in advance.
Ground 8 – The child support assessment doesn’t take into account the income, earning capacity, property and financial resources of either parent or child (or children)
You can use this ground if you feel the child support assessment is unfair because it doesn’t reflect the true income, financial position or earning capacity of either parent or the child.
Example
One party’s financial position has changed significantly.
Assets which are capable of earning income aren’t doing so.
My ex was assessed as a student having zero income from the previous year and I knew she was in paid employment (as did IRD if they checked their PAYE returns). Put in a review under ground 8 and had it changed to what she said she was earning (not what IRD could see she was earning). Eventually it will catch up from her tax returns for her declared income but you have to fight it all the way.
An inheritance would be treated differently unless you could show income or earning potential from it I suppose?
Comment by BF1972 — Wed 16th December 2015 @ 6:39 pm
Hey BF1972, it may not matter whether or not inheritance is taken into account but thanks for the tip. The main reason I am doing this is because she lives in Canada somewhere and I believe IRD CS have no idea where she lives. That means that I may succeed based on the fact that she won’t be able to take part in the Admin Review and reply to my comments. I take your point though and will change the focus to her actual income which I believe has increased anyway. I’m choosing Ground 8 because I think they would throw any other Ground out straight away.
Comment by Had_Enough — Wed 16th December 2015 @ 7:07 pm
My ex used this on me. Mark Miller, the ird lawyer conducting the review, who has since been discredited and removed for conflict of interest, set my income at 5 x my income. And back dated my income giving me an instant $40,000 debt. When I read his report it appeared he had got my case missed up with someone else’s.
I complained and, while I could clearly show the facts were wrong, the ird person (in charge of appointing people like Mark Miller) told me it didn’t matter: admin reviews were a quick and cheap process, they didn’t need to get it right, they didn’t always get it right, had no obligation to get it right and the courts (at huge expense) were the only recourse.
Wrote to the press, visited my mp, wrote to MPs…no interest.
Comment by Ruined — Wed 16th December 2015 @ 7:35 pm
You can put your partners income into the new IRD child support calculator….I tried putting in different values eg $0, $50,000, $100,000 … it makes no difference to what you pay.
Comment by Not my real name — Wed 16th December 2015 @ 9:56 pm
yeah they don’t give a shit.. no one gives a shit at this injustice. accept the fact. you are a slave to her
Comment by anon — Thu 17th December 2015 @ 9:53 am
Hey Not my real name, I’m pretty sure it does make a difference but I can’t find that calculator. I came across it once before but haven’t been able to find it since. Could you please send me the link? Thanks mate.
Comment by Had_Enough — Thu 17th December 2015 @ 12:52 pm
I’m in the US & not sure if the laws are similar. How do we get the courts to assess both incomes? Any help is much appreciated. I’m fighting the fight of an alienated child & sister to my own with my husband.
Comment by Jess — Thu 17th December 2015 @ 5:14 pm
Hey Jess, try this calculator https://www1.e-services.ird.govt.nz/interact/services/e-services/!ut/p/b1/04_SjzSyNDEyMzQ01o_Qj8pLLMtMTyzJzM9LzAHxo8zifR2dnQ39DQw9DFwsDA0cDQJMfMyNHY0N_E31c6McFQFuxvi8/
Comment by Had_Enough — Thu 17th December 2015 @ 7:11 pm
Hi
Does anyone know if you can be liable for more than what your previous (higher income) of 5 years ago? Which is the income the review officer keeps on referring to under ground 8, 5 times now the review officer nailed me on a historical salary. Given that they never go above that amount, I suspect they can’t. Any knowledge out there on this? Much appreciated
Comment by Mr Done — Thu 12th May 2016 @ 6:35 pm
Review Officers have very wide discretion in their decision making. Yes they can is the answer to your question.
Comment by Allan Harvey — Thu 12th May 2016 @ 7:17 pm