Article

How do I change an assessment of child support?

21 November 2014

What if the Department of Human Services gets it wrong or the monthly amount of child support is not fair in your circumstances?

You have the option to object to the decision of the Department if, for example, you think the Department has followed the wrong process or used incorrect information to calculate the monthly amount of child support.

You must object promptly (usually within 28 days of the decision) and the Department will review the decision through its internal processes.

Ultimately if you are not happy with that internal review you can ask for the Social Security Appeals Tribunal to determine your objection. If you think that the monthly amount of child support assessed does not reflect “special circumstances” in your situation then you may be able to either: apply to the Department to internally reconsider the assessment; or apply to the Family Court or the Federal Circuit Court for an order replacing or varying the assessment.

The second option (ie, applying to the court) is only available if you have other financial issues pending before the court. The Department or court will only “depart” from the assessment of child support if there are “special circumstances”.

Special circumstances mean a situation that is “out of the ordinary”. There are 10 reasons for change of the monthly amount of child support:

Reason 1

The cost to you of seeing the child or communicating with the child is high (ie. over 5% of your income)

Reason 2

The child has special needs. This includes medical needs such as disability but also includes children with particular abilities that cost additional money eg, a child that is a talented at a sport and needs to travel overseas to compete.

Reason 3

There are extra costs in: caring for, educating, or training the child in the way that both parents intended. The standard of education parents agree upon before the end of their relationship can be determinative of the future arrangements for the child. For example, a parent that agrees to a child attending a private school cannot say they will not pay the fees after the end of a relationship (provided they have the ability to pay).

Reason 4

The child has his or her own income or property. For example, the child is working or has received money from a grandparent via an inheritance.

Reason 5

A parent has already provided property or money to the child or carer. It is important not to confuse these payments with “specified payments” which are the payment of expenses for a child (such as some school fees) that can credit against periodic payments under the assessment.

Reason 6

Child care costs are high (ie more than 5% of your income).

Reason 7

A parent has out of the ordinary expenses necessary to support themselves for example; one of the parents may have particular medical costs.

Reason 8

The assessment is incorrectly made based on the income or assets of a parent including not considering a parent’s capacity to earn an income or the other parent’s income earning capacity is greater than in the assessment. This reason is intended to cover a situation where someone refuses to work at or to their full capacity in order to reduce their obligation to financially support their children.

Reason 9

There is a legal duty to support another person.. This must be a legal and not a moral duty. For example there is no duty to support your parents but you do have a duty to support your current spouse.

Reason 10

Your duty to maintain a “resident child” this is effectively a step child.