Once an administrative assessment of child support has taken place, either parent may make a “Change of Assessment” Application to depart from the administrative assessment because of special circumstances (section 117).
In order for your application to be considered, you must apply under one of the 10 reasons allowed for change of assessment. Those reasons include:
- That there are significantly high costs involved in spending time with the children;
- That a child or children has special needs;
- That the child/ren are attending private school and this was agreed by the parents;
- That the assessment is unfair because of the earning capacity, property or financial resources of the child;
- That the assessment is unfair because of the earning capacity, property or financial resources of one of the parents.
Either parent can apply for a change of assessment. Decisions to change the assessment cannot go back for more than 18 months prior to the date of the applicant and cannot reduce the assessment below the minimum rate of child support. All documents lodged by the parties with their application or response will be provided to the other party.
Parents are also able to seek a change of the child support assessment through the following avenues:
- Entering into a child support agreement with the other parent;
- Making an application to the court;
- Lodging an objection to the decision based on the level of care that either parent has;
- Seeking a re-assessment based on a change of one parent’s income or a change to the care arrangements.
If you require advice in relation to varying a child support assessment, contact the team at Armstrong Legal on 1300 168 676.
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