2.6.2: What are the reasons for a change of assessment?

Context

The 10 reasons for a change of assessment application are listed in the Assessment Act.

Legislative references

Sections 98C and 117 Child Support (Assessment) Act 1989

Contents

CSA 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. The costs of maintaining a child are significantly affected by either parent's high costs in enabling them to spend time with, or communicate with the child.

Reason 2. The costs of maintaining a child are significantly affected by high costs associated with the child's special needs.

Reason 3. 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. The child support assessment is unfair because of the child's income, earning capacity, property or financial resources.

Reason 5. 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. The costs of maintaining a child are significantly affected by the payee's high child care costs for the child (and the child is under 12 years).

Reason 7. The parent's necessary expenses significantly affect their capacity to support the child.

Reason 8. The child support assessment is unfair because of the income, earning capacity, property or financial resources of one or both parents.

Reason 9. 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.

Reason 10. The child support assessment is unfair because:

• the payer earns additional income for the benefit of their resident child (who is not the payee's child), or
• the payee earns additional income for the benefit of their resident child (who is not the payer's child).

If one of the 10 reasons for a change of assessment exist, CSA must also consider whether changing the assessment would be 'just and equitable' and 'otherwise proper' (section 98C(1)).

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Version 1.3

Issued 3 August 2007

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