If you are unhappy with your child support assessment, your child support lawyers can apply to the Registrar for a change of assessment in special circumstances. Although the Child Support Act does not define the meaning of ‘special circumstances’, the Family Court indicates that something special or out of the ordinary is required: Gyyselman and Gyselman (1992) FLC 92-279. The Registrar only has the power to make a change of child support assessment for 10 discrete reasons. These are:
- The costs of spending time with or communicating with the child(ren) are more than 5% of your adjusted taxable income amount
- The child(ren) has special needs
- There are extra costs in caring for, educating or training the child(ren) in the way both parents intended
- The child(ren) has income, a earning capcity, property and/or financial resources
- You have provided money, goods or property for the benefit of the child(ren)
- The costs of child care for the child(ren) under 12 years of age has changed
- You have out of the ordinary, necessary expenses to support yourself
- The assessment does not correctly reflect one or both parent’s income, property, and/or financial resources or the assessment does not correctly reflect one or both parent’s earning capacity
- You have a duty to support another person
- You have a responsibility to support a resident child(ren)
Child support lawyers can assist you in your application to explain why the assessment should be changed. Details of any additional costs to yourself should be explained including the amount and who the costs are for. Further, child support lawyers can assist you in your application to estimate and state exactly how much increase or decrease to your annual rate of child support you believe would be a fairer outcome.
For advice about child support contact us on 1800 300 170 or email us at firstname.lastname@example.org
Family law situations can be complex and sometimes they can involve serious issues. Information outlined is proposed to provide general guidance only. Due to the seriousness of legal matters as well as the uniqueness of your individual situation, professional advice should be sought. For advice, please contact one of our Family Lawyers.