Changing your child support assessment in special circumstances

There are some situations where your child support assessment can be changed in special circumstances. This is called the change of assessment process.

Change of assessment process

The child support change of assessment process will involve exchanging information with the other parent. The Department of Human Services will call you and the other parent to talk about the application and the response.

Copies of the application and documents that accompany it will be given to the other parent, including any documents you obtained from a court proceeding in the Family Court or Federal Magistrates Court. We will not give the other parent your personal information contained in the privacy section of your application. You must ensure you do not include private or personal information such as your phone number or address in any accompanying or supporting documentation as this must be sent to the other parent.

Other parent response

The other parent has the right to respond or make a cross application for a child support change of assessment and you will get a copy of this information. The Department will not give the other parent your personal information that is contained in the privacy section of your response. You must ensure you do not include private or personal information such as your phone number or address in any accompanying or supporting documentation as this must be sent to the other parent.

At the end of the child support change of assessment process, you and the other parent will get a written notice of our decision from the Department. This will explain whether the child support assessment has changed.

Contrary decision

In some cases the Department may make a decision that is the opposite of the change you requested. For example, you might ask for a child support assessment to be decreased but the Department find the circumstances mean there should be an increase. This is called a contrary decision.

Reasons to change your child support assessment

Your circumstances must fall within the following 10 reasons for the Department to consider a change to your child support assessment. Just being unhappy with your current child support assessment is not a reason to apply.

Reason 1

The costs of raising the child are significantly affected by the high costs of spending time or communicating with the child.

The costs must be more than 5% of your adjusted taxable income as shown on your assessment notice. These costs can include transport, accommodation and phone calls, but you cannot claim food, clothing or entertainment. If you care for your child at least 52 nights or 14% of the year, travel is the only cost the Department can take into account because the other costs are taken into account when it works out your child support assessment.

What you can show is:

• court orders or agreed parenting plans
• receipts for expenses like airfares, accommodation or petrol
• an estimate of future costs

Reason 2

The costs of raising the child are significantly affected because of their special needs.

You can only claim out of pocket costs after deducting rebates, refunds or allowances. You cannot claim day to day expenses like food, clothing or standard medical care.

What you can show is:

• medical evidence about the child’s condition, treatment and cost
• receipts showing out-of-pocket expenses
• an estimate of future costs

Reason 3

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.

Both parents must have intended for your child to be cared for, educated or trained in a particular way such as attending a private school.

What you can show is:

• education application and enrolment documents signed by both parents
• receipts for costs, like fees or tuition
• other evidence showing both parents’ intentions, like a parenting plan

Reason 4

The child support assessment is unfair because of the child’s income, earning capacity, property or financial resources.

The child must be earning enough to reduce the need for parental support. This does not include their Centrelink payments.

You need to show information about the child’s employment or income if you know it.

Reason 5

The child support assessment is unfair because you have paid or transferred money, goods or property to your child, the receiving parent or a third party for the child’s benefit.

This usually relates to a property transfer or a large lump sum payment directly to the other parent or another person for child support; for example, as part of a property settlement.

What you can show is:

• court orders or agreements showing the transfer of money, goods or property
• receipts showing payments made to third parties

Reason 6

The costs of raising the child are significantly affected by the parent or non-parent carer’s high childcare costs and the child is under 12.

The costs must be more than 5% of your adjusted taxable income if you are a parent, or at least 25% of the assessed costs if you are a non-parent carer. The amount is shown on your assessment notice. You can only claim actual costs after deducting rebates, refunds or other assistance.

What you can show is:

• receipts showing childcare payments
• statements showing rebates, benefits and government assistance
• enrolment forms

Reason 7

Your necessary expenses significantly reduce your capacity to support the child.

You must tell the Department why the expenses are necessary and what makes them special or out of the ordinary; for example, you might have high medical costs.

What you can show is:

• papers confirming your income, like payslips
• papers detailing your necessary out of pocket expenses

Reason 8

The child support assessment is unfair because of the income, earning capacity, property or financial resources of one or both parents.

Both parents can apply on the basis that financial circumstances are not properly recognised in the assessment.

You can apply because your or the other parent’s:

• financial resources, income and property are not being reflected in the assessment, or
• the other parent has a greater earning capacity than is reflected in their income used in the assessment

You may apply for both grounds if you think there are circumstances that satisfy both.

What you can show is:

• payslips
• if you are self employed, a profit and loss statement and balance sheet for your business
• papers explaining your change in income, like medical certificates or financial statements
• any information which may indicate that the parent is not exercising their true earning capacity

If your income has dropped by more than 15%, you may be able to lodge an income estimate instead of applying for a change of assessment.

The Department can select cases to review and start a change of assessment under reason 8 without an application from either parent.

Reason 9

Your capacity to support the child is significantly reduced because of your duty to maintain another person or child.

A duty generally means you have a court order making you responsible to support someone. You may be paying costs for another child or spousal maintenance, or supporting a partner living with you who cannot support themselves.

In some instances the Department will accept that a parent has a duty to maintain his or her adult child in circumstances where we are satisfied that a court would make a child maintenance order requiring that parent to support that child. We do not insist that there must be an order requiring the parent to support the child.

What you can show is:

• court orders
• proof of payments for someone you have a legal duty to support
• information on why the person can’t support themselves

Reason 10

Your responsibility to support a resident child significantly reduces your capacity to support another child.

The Department check a number of things to see if you can be considered responsible to support the child in this situation. The requirements are that:

• the child normally lives with you but is not legally your child
• the child is under 18
• the child is not a member of a couple
• you are, or were, a member of a couple with a legal parent of the child for 2 continuous years
• one or more of the following applies for each legal parent:
  • they are deceased
  • they cannot support the child due to ill-health
  • they cannot support the child because of caring responsibilities
  • the child needs financial assistance

What you can show is:

• evidence showing the legal parents’ inability to financially support the child
• information about the child’s need for financial assistance