Applying for a child support assessment review (change of assessment)
A change of assessment lets Services Australia depart from the administrative formula if one of ten special grounds is established. Decisions are made on the papers or at a conference before a Services Australia officer.
This is an 8-step workflow for applying for a change of assessment under Part 6A of the Child Support (Assessment) Act 1989. It is used where the formula assessment does not reflect the true circumstances of the parents or the child.
Before you start
- A current child support assessment is in place
- One of the ten grounds under s 117 of the CSA Act is arguable
- Up-to-date financial records for the applicant are available
- Taxable and non-taxable income for both parents has been considered
The workflow
Identify the applicable ground
Work through the ten grounds in s 117(2) — including high costs of contact, special needs of the child, and unfair income or property — and identify the strongest ground(s) for the client.
Gather financial evidence
Collect tax returns, Notices of Assessment, payslips, business financials, trust distributions, and evidence of any financial resources that are not captured in adjusted taxable income.
Calculate the formula baseline
Run the current formula calculation using both parents' adjusted taxable income and care percentages. This becomes the baseline from which the proposed departure is measured.
Draft the statement of facts
Draft a clear statement of facts setting out the relationship history, care arrangements, income positions, and the specific circumstances that justify a departure.
Draft the legal submissions
Draft submissions explaining how the evidence satisfies the relevant s 117 ground and why it would be just and equitable and otherwise proper to depart from the formula.
Lodge the application
Lodge the change of assessment application with Services Australia via the Child Support Online Services portal. Attach all supporting financial material and submissions.
Respond to the other parent's material
Review the response filed by the other parent and prepare a reply addressing any disputed facts or legal arguments before the conference.
Attend the change of assessment conference
Attend the Services Australia conference (usually by phone). Present the client's position and answer questions from the senior case officer. A written decision follows within 60 days.
What you will have at the end
A written change of assessment decision that either varies the assessment or confirms the formula result. Either party can object to the SSCSD/ART within 28 days if they disagree with the outcome.
Common issues
- Applying under the wrong ground under s 117
- Failing to evidence non-taxable financial resources like trust distributions
- Not addressing the just and equitable requirement
- Missing the 18-month/7-year backdating limits for collected arrears
- Overlooking self-support amount adjustments
Run this workflow on a real matter
Quillio drafts change of assessment submissions by mapping your financial evidence against the s 117 grounds and the just and equitable requirement. See /practice-areas/family-lawyers or start a free trial.
This workflow is a general guide. Adapt it for the specific circumstances of your matter and always confirm current Services Australia practice.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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