Assessment
Services in Australia
Child Support is determined by the Child Support Agency in accordance with the Child Support (Assessment) Act (“CSA Act”).
In order to determine the amount of child support payable under the CSA Act, an application needs to be made to the Child Support Australia Agency for an assessment of child support. The Child Support Agency has access to the Australian Taxation Office and determines the amount of child support payable on the basis of the parties’ taxable incomes plus adjustments which are then made by the Agency pursuant to the Child Support Formula. You can access the Child Support Agency website on www.csa.gov.au to use their calculator to assess your child support entitlements or obligations.
Once assessed, the parties can enter into a private arrangement for the payment of child support or application can be made for the Child Support Agency to collect the child support directly from the paying parent’s salary.
If either party does not agree with the Child Support Assessment, an application can be made to the Agency for a change of the assessment. There are ten grounds upon which an assessment can be reviewed, (section 117 of the Child Support Assessment Act 1989) as follows:
- 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.
- The costs of maintaining a child are significantly affected by high costs associated with the child’s special needs.
- 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.
- The child support assessment is unfair because of the child’s income, earning capacity, property or financial resources.
- 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.
- 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).
- The parent’s necessary expenses significantly affect their capacity to support the child.
- The child support assessment is unfair because of the income, earning capacity, property or financial resources of one or both parents.
- The parent’s capacity to support the child is significantly affected by:
- their legal duty to maintain another child or person,
- their necessary expenses in supporting another child or person they have a legal duty to maintain
- their high costs of enabling them to spend time with, or communicate with, another child or person they have a legal duty to maintain.
- The parent’s responsibility to maintain a resident child significantly reduces their capacity to support the child support child.
Following an application to change the assessment, the Child Support Australia Agency can then alter the child support assessment by increasing or decreasing the amount payable or not changing the assessment at all: it is in their discretion.
When the Child Support Agency makes such a decision that affects you, and you do not agree with the Agency’s decision, it is open to you to lodge an objection within 28 days of receiving the decision made by the Child Support Australia Agency.
Where both parents agree on the amount and method of child support to be paid, they can simply enter into a Child Support Agreement which is registered with the Child Support Australia Agency. That Agreement may only be changed if the parties enter into a new Child Support Agreement by consent, or by Order of the Court.