If the Child Support Agency (“the CSA”) has made an assessment as to the amount of child support that you are to pay, and you disagree with the assessment, there are a few options available to you.
Generally, the CSA will not change a decision regarding child support assessment once it is made. However, you can ask the CSA to review the amount of child support being paid. The CSA may vary the child support assessment to reflect changed circumstances, for example a change in income, changed care arrangements, birth of a new child etc.
It is important that you advise the CSA of your changed circumstances immediately as the CSA will not often backdate payments.
In some circumstances, you will need to make a formal application to the CSA for a change of assessment.
Alternatively, the CSA may advise you of changes to your assessment. If you disagree with the changes made to your assessment you have the right to object to the decision.
Within twenty-eight (28) days of receiving the CSA’s notice of assessment, you can object to the assessment by submitting a written objection to the Child Support Registrar stating the grounds for your objection. A copy of the objection must also be provided to any other person affected by the objection (e.g. the other parent or guardian) and they must be given a chance to respond. Within sixty (60) days of the CSA receiving your objection, the CSA will send you a decision to your objection (“objection decision”) and advise further of your rights to appeal.
Decisions made by the CSA can be appealed to the Social Security Appeals Tribunal (“the SSAT”) within twenty-eight (28) days of the objection decision being made. Objection decisions that can be appealed to the SSAT include, but are not limited to decisions about a change of child support assessment, the children’s care, estimates of the party’s income and non-agency payments (e.g. cash such as school fees or purchase of items such as clothes).
If you are dissatisfied with the SSAT’s decision you must apply to the Federal Magistrates Court or Family Court. There are strict time frames for appealing the SSAT’s decision. You only have twenty-eight (28) days from the notice of the decision to apply for an appeal.
If you require assistance with making an application for a change of assessment or, alternatively, appealing your child support assessment, please contact our office to arrange an appointment.
