Reducing Child Support Payments Due to Responsibility for a Non-Biological Child

I have the financial responsibility for a child who lives with me, but they are not my biological child.  Can I apply to reduce the child support I pay in relation to my biological children?

There are certain circumstances where a paying parent can make an Application to Change Assessment – Special Circumstances with the Child Support Agency (CSA) to decrease the child support assessment.

One of those circumstances is Reason 10 which says that you can apply to decrease the assessment amount if you have a responsibility to support a resident child significantly that reduces your capacity to support another child.

Requirement for an Existing Child Support Assessment

In order to make this type of application, you must already have a child support assessment in place for a child or children. 

What the CSA Will Consider in a Reason 10 Application

In deciding an Application made under Reason 10, the Registrar of the CSA will consider:-

• Whether or not there are “special circumstances”, that is, the facts of each case must establish something which is special or out of the ordinary;
• The paying parent has the responsibility to maintain a “resident child”. This is a child who: 
  • “Normally lives” with the paying parent, but is not a child of the paying parent - generally a child will be considered to “normally live with” a paying parent if they live with the paying parent for at least 35% of the time over a 12-month period. This does not exclude an extraordinary circumstance where the paying parent and the child live under the same roof for less than 35% of the year but the paying parent still provides and cares for the child, for example, where a child is at boarding school;
  • The paying parent is, or was, for 2 continuous years, a member of a couple and the other member of the couple is, or was, a legal parent of the child. A paying parent does not have to have a current partner to apply under this reason. The resident child can be a child of the paying parent's former partner if the child remained with the paying parent after they separated, or the partner is deceased and the child remained with the paying parent so long as the relationship with the legal parent continued for at least 2 years.
  • The child is aged under 18; and
  • The child is not a member of a couple; and
  • One or more of the following applies in respect of each legal parent of the child:
    • the legal parent has died;
    • the legal parent is unable to support the child due to the ill health of the legal parent;
    • the legal parent is unable to support the child due to the caring responsibilities of the legal parent; and

• The resident child requires financial assistance. This can include considering the source and amount of any benefit paid to or in respect of the resident child (e.g. social security pensions or benefits), the cost of caring for the resident child and whether any other adult who has a legal duty to maintain the resident child has a capacity to do so.

• The responsibility significantly affects the paying parent’s ability to provide financial support for the child of the child support assessment.

Assessment of Fairness and Adjustments by the Registrar

Once a paying parent has established a reason to change their assessment the Registrar must consider whether it would be fair or just and equitable in relation to the children of the child support assessment, both child support parents, the community and the resident child.  When making a decision under this reason, the Registrar will usually adjust the parent's self-support amount to reflect their responsibility to maintain the resident child.

What Happens After You Apply?

It is important to note:-

Once you have submitted your Application with the CSA, they will provide your Application and supporting documents to the other parent. The other parent usually then has 28 days to provide a response to the CSA.

The Registrar of the CSA will consider all of the evidence before making their decision. They may contact either party for further information if required. The Registrar will then notify the parties in writing of that decision and, if applicable, a new child support assessment will be issued. If either parent is not happy with the decision, then they can object to the decision within a certain time limit and ask the CSA to review their decision. 

If you are considering making an application to change your current child support assessment due to having a significant financial responsibility for a resident child, we strongly recommend that you obtain legal advice to discuss your options and to review your application before lodging your application with the CSA.

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.