2.6.2 What Are the Reasons for a Change of Assessment?

The 10 reasons for a change of child support assessment application are listed in the CSA Act.

Act references

Child Support (Assessment) Act 1989 - CSA Act section 98C, section 117

Description

The Registrar can only change an assessment if one or more of 10 listed reasons is established 'in the special circumstances of the case' (sections 98C and 117(2)).

There are 10 reasons for a change of assessment (section 117(2)).

• Reason 1 (2.6.7). The costs of maintaining a child are significantly affected by high costs of enabling a parent to spend time with, or communicate with, the child
• Reason 2 (2.6.8). The costs of maintaining a child are significantly affected by high costs associated with the child's special needs
• Reason 3 (2.6.9). The costs of maintaining a child are significantly affected by high costs of caring for, educating or training the child in the way both parents intended
• Reason 4 (2.6.10). The child support assessment is unfair because of the child's income, earning capacity, property or financial resources
• Reason 5 (2.6.11). The child support assessment is unfair because the payer has paid or transferred money, goods or property to the child, the payee, or a third party for the benefit of the child
• Reason 6 (2.6.12). The costs of maintaining a child are significantly affected by the high child care costs for the child (and the child is under 12 years of age)
• Reason 7 (2.6.13). The parent's necessary expenses significantly affect their capacity to support the child
• Reason 8 (2.6.14). The child support assessment is unfair because of the income, earning capacity, property or financial resources of one or both parents
• Reason 9 (2.6.15). The parent's capacity to support the child is significantly affected by:
  • their duty to maintain another child or person,
  • their necessary expenses in supporting another child or person they have a duty to maintain,
  • their high costs of enabling them to spend time with or communicate with, another child or person they have a duty to maintain
• Reason 10 (2.6.16). The parent's responsibility to maintain a resident child significantly reduces their capacity to support the child support child

Prior to 1 July 2008, Reason 10 applied in cases where the child support assessment was unfair because the paying parent earned additional income for the benefit of a resident child.

If one of the reasons for a change of assessment is established, the Registrar must also consider whether changing the assessment would be 'just and equitable' (2.6.17) and ' otherwise proper' (2.6.18) (section 98C(1)).