Changing your child support assessment in special circumstances

We can change your child support if we’re satisfied there are special circumstances and the change would be fair to both parents and the child.

If either parent is getting government payments, we’ll also consider how the change will affect those payments.

If you apply for this, the other parent can respond and apply for different changes.

When we talk about the other parent we can also mean a non-parent carer.

How to apply

Fill in the Application to change your assessment – Special Circumstances form. Then send it to us online or by post. Details are on the form.

You need to give evidence for at least one of the 10 reasons to change an assessment.

We will send the application to the other parent so they can respond.

How to respond

Fill in the Response to Application to change your assessment - Special Circumstances form. Then send it to us online or by post. Details are on the form.

In the form you can:

  • comment on the other parent’s reasons, and
  • apply for different changes

Privacy

What we share

We’ll call you and the other parent to talk about the application and the response.

We’ll give the other parent a copy of:

  • your application or response form, and
  • any documents you send us to support it

This includes documents from the Family Court or Federal Circuit Court.

What we don’t share

We won’t give the other parent your personal details from the privacy section of your form. But it’s up to you to remove personal details from any other documents.

What you need to be careful about

Personal details

Remove any personal details you don’t want the other parent to see from any evidence you send us.

For example, cross out or cover up your phone number and address.

Confidential documents

You may want to give us documents from a mediation process. Before you do, ask yourself:

  • if you signed a confidentiality or non-disclosure agreement, if you did, sharing them may be a problem - it’s a good idea to get advice on this from a lawyer, and
  • if you’re happy for the other parent to see them - they’ll get a copy of everything you send us

Evidence we won’t accept

We won’t accept:

  • statements from children
  • anything offensive, and
  • anything obtained illegally

We won’t accept applications that include offensive material.

If applications include statements from children or illegally obtained evidence, we will not consider this evidence.

Statements from children can be spoken or in writing. They include voice recordings, text messages and social media posts.

Reasons to change your assessment

There are 10 reasons why we might change your assessment. You need to show evidence that you have at least one of them.

Just being unhappy with your child support isn’t a reason to apply to change it.

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 the adjusted taxable income we used in your assessment.

They can include:

  • transport
  • accommodation, or
  • phone calls

They can’t include:

  • food
  • clothes, or
  • entertainment

If you care for your child at least 52 nights a year, travel is the only cost that we can consider under reason 1. This is because we already include the other costs in the formula we used to work out your assessment.

You can show us:

  • a court order
  • a parenting plan
  • receipts – for example for airfares,  accommodation or petrol, or
  • an estimate of future costs

Reason 2

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

This can’t include:

  • any costs you get back from rebates, refunds or allowances, or
  • daily expenses like food, clothing or standard medical care

You can show us:

  • medical evidence about the child’s condition, treatment and what it costs
  • receipts, or
  • 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.

This can be something like going to a private school.

You can show us:

  • school application or enrolment forms signed by both parents
  • receipts – for example for school or lesson fees, or
  • a parenting plan, court order or other evidence of what you both planned

Reason 4

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

The child must have enough money to need less from their parents. This can’t include any Centrelink income support payments from us.

You can give us information about the child’s job or income.

Reason 5

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

For example, this can happen as part of a property settlement.

You can show us:

  • court orders or agreements, or
  • receipts

Reason 6

The costs of raising the child are significantly affected by the parent or non parent carer's child care costs, and the child is under 12 years of age.

The costs must be:

  • more than 5% of your adjusted taxable income if you’re a parent, or
  • at least 25% of the costs of the child if you’re a non-parent carer

Both these amounts are on your assessment notice.

You can only claim actual costs after getting any rebates, refunds or other assistance.

You can show us:

  • receipts for childcare payments
  • statements of rebates, benefits and government support, or
  • enrolment forms

Reason 7

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

You must tell us:

  • why the costs are necessary, and
  • what makes them special

For example, you may have high medical costs.

You can show us:

  • proof of your income, like payslips, or
  • receipts

Reason 8

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

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

  • financial resources, income and property aren’t being reflected in the assessment, or
  • earning capacity is greater than what’s reflected in the assessment

This can include income and financial resources that are not part of the adjusted taxable income in the child support formula.

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

You can show us:

  • payslips
  • a profit and loss statement and balance sheet for your business
  • documents that explain a change in income, like medical certificates or financial statements, or
  • evidence that the other parent is choosing to earn less than they could

If your income has dropped by 15% or more you may be able to give us an income estimate instead.

We can start a change of assessment for this reason

We can change your assessment for this reason without anyone applying.

If we’re looking at doing this we may ask you to fill in a:

Reason 9

Your capacity to support the child is significantly reduced because of:

  • your duty to maintain another person or child
  • the special needs of that person or child, or
  • the costs of spending time with or communicating with that person or child

You may be supporting another child or paying spousal maintenance, or supporting a partner living with you who can’t support themselves.

If you have already included the child in your assessment as a relevant dependent child, this reason can’t apply unless they have special needs.

You can show us:

  • court orders
  • proof of payments, or
  • information on why they can’t support themselves

Reason 10

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

We check if:

  • the child
    • normally lives with you
    • isn’t legally your child
    • is under 18
    • isn’t part of a couple, and
    • needs financial help
  • you are or were the partner of one of the child’s legal parents for 2 years in a row, and
  • the legal parents can’t support the child because they:
    • are deceased
    • are too ill, or
    • have caring duties

You can show us:

  • evidence that the legal parents can’t support the child, or
  • information about the child’s need for financial help

Wait for the result

We’ll send you a letter saying what we’ve decided and why. We call this the notice of decision.

We may decide:

  • not to change your assessment
  • to change it in the way you asked for, or
  • to change it in another way - this could be the opposite of what you asked for

Contact us if you:

  • have questions about our decision, or
  • think we may have wrong information

Page last updated: 27 August 2017