How can I change a Child Support Assessment?

If you are not happy with your current child support assessment there are two different ways that you can make an application to change the assessment:-

1. You can lodge an Application with the Child Support Registrar for a change of assessment if there are special circumstances; or
2. You can make an Application to the Federal Circuit and Family Court of Australia for a Departure Order.

Lodging an Application with the Child Support Registrar

For the purposes of this article, we are going to focus on the first option listed above. There are a number of “special circumstances” or “reasons” where a party (whether they are the paying parent or the receiving parent) is able to lodge an Application for a Change of Assessment with the Child Support Agency. These special circumstances or reasons include:-

• The costs of raising the child are significantly affected by the high costs of spending time or communicating with the child;
• The costs of raising the child are significantly affected because of their special needs;
• The costs of raising the child are significantly affected because the child is being cared for, educated or trained in the way both parents intended;
• The child support assessment is unfair because of the income, earning capacity, property or financial resources of one or both parents; or
• The costs of raising a child or children are significantly affected by the costs of child care being paid by a parent.

How do I make an Application to change a child support assessment?

The general process of making an application to change an assessment is:-

1. You lodge the required Application to Change Assessment form which sets out the reasons you are applying and attaches your documents and evidence to support your application;
2. Once the Child Support Agency receives your Application, they will contact you to confirm receipt of your application, verify your details and advise you that they will now take steps to provide your Application and supporting documents to the other parent. The other parent generally has 28 days to respond and provide a Response to Application to Change Assessment and supporting evidence to the Child Support Agency.
3. The Child Support Agency will then review the documents provided and make a decision. The Child Support Agency must be satisfied of three (3) things:- 
   • that you have established “special circumstances” exist;
   • whether it is just and equitable to change the assessment having regard to things like the needs of a child, the needs of the parents, the income and earning capacity of both parents and whether hardship would be caused to a party if the assessment was to be changed; and
   • whether a change of assessment “otherwise proper” considering the duty of a parent to maintain their child/children and the effect the change will have on either the parent/carer or the child.
4. The Child Support Agency will usually contact both parties to notify the parties of the decision verbally, and then send out the written decision and reasons for the decision to both parties. If the application is successful, then a new Child Support Assessment will also issue with the new assessment amount.

Can I appeal a Child Support Agency decision?

If either party is unhappy with the decision of the Child Support Agency, then there is an appeals process however, it is important to note there are strict time limits to appeal a decision.

In some cases, the Child Support Agency may advise a party that they are unable to make a decision regarding an Application for a change of assessment.   In that case, a party wanting to apply to change a child support assessment can instead make an Application to the Court for a Departure Order. This is a separate process and you should obtain detailed legal advice prior to making any Application to the Court.

If you are not happy with your current child support assessment, and you would like to make an application to change the current assessment, then we strongly recommend that you obtain legal advice to assist you in preparing your Application for a Change of Assessment prior to you lodging you Application with the Child Support Agency to maximise your chances of success. Contact our office to make an appointment with one of our solicitors to discuss your circumstances and obtain advice on your situation on (07) 4963 2000 or through our online contact form below.