IRD Admin Review – Response

When you are the party filing the review, the other party naturally gets the right of response.

In one we recently filed were amazed when we received the response because the other party obviously did not really “get it”.

It looked like they had got a lawyer to help them respond, but in this case their response only helped to confirm the very grounds that were being applied for.

One of the grounds pointed to a debt that was left from the married situation – their response pointed to the fact that as this was part of the agreed marital situation that it didn’t count.

However the ground doesn’t mention anything about the agreed split of assets, it just points to the fact that sometimes one party is left servicing a debt or paying something off and the other party isn’t.

Another ground was to do with the fact that the parent paying child support was also paying for the private school fees, the review was filed to fairly factor this into the child support equation, not because they were no longer going to pay the fees.

The other party responded as if the parent was trying to get out of paying them, whereas the actual fact was they were just trying to get the child support formula adjusted to factor this in.

A pointless response again, just adding weight to the fact that yes one parent was paying extra.

The hearing for this review is happening in just over a week. We will keep you posted!

Comments

comments

4 Comments

  1. Hi Jennifer
    what was the outcome of your review? I would not suggest giving financials to the review officer as they have a legal background and most would be clueless on these matters! Your accountant has already provided your income details & that is what it is in black & white.

  2. Thanks Rob. The Review Officer informed my husband that his ex was really trying to push “his potential to earn”. I think that this is relevant whereas a parent is on perhaps a benefit or working part-time hours, however potential to earn when in business in our eyes is completely relevant to the industries that we serve, and whether they are ordering the product or not….we can’t do anymore than we do. My husband works very hard, and to be honest if he worked any more than he did, it would probably result in many problems our family now…we have only just found a balance, that keeps our family enviroment healthy. Its so frustrating, and every day is different…today i woke up anxious and feeling sick…i feel a bit better this arvo, but the effects of all of this are spread throughout our family differently, and weve been through alot over a 10 year period. I would just like things to be fair, and that the next 10 years of my marriage, are a little less stressful.

  3. that is a very interesting point that you raise. The lady that did my recent admin review seemed to have been around for a long time, and had obviously seen her fair share of scenarios around those trying to get more out of their exes, and those thinking they were getting ripped off.

    From the two reviews I have been through I have to say the results were not in anyway unfair, so to speak.

    I really hope there was some good understanding around your scenario and that the outcome is a fair one.

    Either way, please keep in touch and let me know how it turns out, there is a whole heap of similar stories out there, I think we are just scratching the surface!

    Cheers

    Rob

  4. My husband has just been to an Admin Review as a responent.

    On him relaying back the conversation to me, I am quite concerned.

    We have a small business and I provided a profit and loss statement to the day as we knew that they would have questions around this.

    It concerns me the questions that were asked, and what he needed to explain as the person who ran the review appeared to have no knowledge of how Business works in regards to profit and loss. The small profit that showed (we have had a decline over the past two years) she wanted to know when we were going to pay that to ourselves. She seemed to think that we paid that out to ourselves as soon as it comes in, which is for anyone that runs a business, knows is not the case. That this remains in the company for cashflow, and is apportioned at the end of the financial year, and if anyone is in small business would realise, that most of the time tax is paid on the profit, but hardly ever actually drawn on. My question is that when dealing with Clients that have business affairs, should they not be providing a Review officer that is familiar with Business practices/Accounting Practices? Now we just have to wait and see…

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