What options do you have if the Child Support Formula is not right for you

There are a number of circumstances whereby either parent may apply for a change to the child support assessment formula.

These include:

  • The costs of spending time with or communicating with the child is more than 5% of your adjusted taxable income amount.
  • The child has special needs.
  • There are extra costs in caring for, educating or training the child in the way both parents intended.
  • The child has income, an earning capacity, property and/or financial resources.
  • You have provided money, goods or property for the benefit of the child.
  • The costs of child care for the child/children under 12 years of age are more than 5% of your adjusted taxable amount.
  • You have out of the ordinary necessary expenses to support yourself.
  • The assessment does not correctly reflect either parent’s income, property and/or financial resources and/or the assessment does not correctly reflect either parent’s capacity to earn an income.
  • You have a legal duty to support another person.
  • You have a responsibility to support a resident child.

Once an application for a change to the assessment is lodged then the other parent has an opportunity to respond before a decision is made.

Once the decision is made, if either parent is not happy with the decision then it is possible to lodge an objection to the decision.

There is an appeal process whereby if a parent does not agree with the decision that has been made, then they can apply to have the decision reviewed.

There are very strict time frames and requirements for making such applications.