im self employed - does $113 a year count :)

----- Original Message ----- 
From: "Stephen Parengkuan" <[EMAIL PROTECTED]>
To: "CFAussie Mailing List" <[EMAIL PROTECTED]>
Sent: Wednesday, June 04, 2003 12:23 PM
Subject: [cfaussie] OT: Need help from CF developers earning less than $113K


> Hi all,
>
> First of all I apologise for this off-topic message. But I
> desperately need your help. I need to provide evidence in the Family
> Court of the downturn in the IT industry and specifically the
> problems in the IT job market for those looking for work. In a recent
> Family Court hearing, 11 newspaper articles that I submitted to
> illustrate the dire situation in the IT job market were deemed not
> admissible as evidence by Justice Boland. The only evidence that she
> accepted was Tony Abbott's and Philip Ruddock's joint press release
> dated 13 March 2003 titled "Government responds to Changing ICT
> Labour Market" that mentioned "the softening of the ICT labour market
> and the increased difficulties some Australian computing
> professionals are experiencing in finding jobs."
>
> My appeal to the Family Court is about the fact that my child support
> income was assessed by the Child Support Agency (CSA) in early 2001
> at the income cap level for a period of three years to December 2003,
> while in reality my actual income has been much lower in the past two
> years. The income cap level is defined as 2.5 times the yearly
> equivalent of the average weekly earnings and is currently $113,542
> per year. Normally only people with an annual income in excess of the
> income cap level have their child support income set at that level by
> the CSA.
>
> However, the CSA will often assess a payer's income at the cap level
> if they can find any reason to do so, such as using "earning
> capacity" instead of actual income.  In my case it was based on high
> earnings in the year 2000.  I have filed one objection after another,
> telling the CSA that current contract rates are much lower. The CSA
> refused to change the assessment. They said to me things like "If you
> had a high rate once you sure can get it again", and "you should keep
> trying" and "people who have to pay child support always complain".
>
> Imagine if the ATO would apply the following rule: "we know that your
> income is $X but we will assess your taxable income at double that
> amount because we believe that is what you could have earned if you
> tried harder".  There will be riots in the streets. But the CSA and
> the Family Court apply similar measures to non-custodial parents as a
> matter of routine on a daily basis.
>
> When I asked Justice Boland how else I could provide evidence of the
> difficulties faced by IT workers and in particular software/Internet
> developers such as myself who are working on a contract basis, she
> answered that I should refer to "industry experts".
>
> So I did that and received some material showing that IT salaries and
> contract rates have decreased since 2000 and there is also a recent
> ACS study that reveals ICT unemployment is nearly twice the national
> average. But that may not be enough.
>
> I think it would be better if I could find evidence from other people
> with similar skills and experience. That's why I am trying to reach
> you with this request for help. If you are a Coldfusion developer and
> you work on a contract basis then you may have experienced decreasing
> contract rates and larger gaps between contracts in the past two to
> three years. Or if you work on a permanent basis it may have been
> difficult to find a job that is paying $113,000 per year or more.
>
> What I need from you is information that I can use in the Family
> Court to show that an annual income of $113,000 for a Coldfusion
> developer is unrealistic in current market conditions. There is no
> need for you to appear in Court in person (but you're welcome to
> attend the hearing if you wish) nor is it necessary to reveal your
> exact income. The information should be in the form of an affidavit
> and I can give you all the information you need to make one. For your
> information, I am self-represented in Court as I cannot afford the
> legal fees. The next hearing is in Sydney on 11 June 2003.
>
> Thank you for your attention. I hope you can help and thank you in
> advance for your help.
>
> Please send your response to [EMAIL PROTECTED]
>
> Kind regards,
>
> Stephen Parengkuan
> [EMAIL PROTECTED]
> 0419 578899
>
>
>
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