6.3.4: Collection and use of third party information

Context

Child support obligations primarily relate to the parents and carers of the children. Generally, CSA does not need to collect and use information in relation to third parties such as a parent's new partner. However, there are some situations where CSA may collect and use third party information.

Legislative references

Child Support (Registration and Collection) Act 1988

Child Support (Assessment) Act 1989

Privacy Act 1988

Explanation

Other children taken into account in the child support assessment

A parent may have other dependent children in their care. This information is relevant to a child support assessment and can affect the amount of child support payable.

Financial relationships with other people

Sometimes a parent's financial affairs may be closely related to, or 'intertwined' with, the financial affairs of other people. A parent may be involved in a formal financial structure such as a business. Parents may also share assets or money with other people, such as a joint bank account, or place their assets or money in the names of other people or entities. This can be relevant when CSA needs to look more closely at a parent's financial affairs.

Change of assessment

If the child support assessment does not accurately reflect a parent's income or capacity to pay child support, a parent can apply for a change of assessment, or CSA can initiate a change of assessment. CSA may then need to look more closely at the parent's financial affairs including financial arrangements involving other people, and decide on the fairest way to treat such arrangements for child support purposes.

A person can apply for a change of assessment if they have a duty to maintain another child or person. The person will need to supply information to verify that such a duty exists and to show how it affects their capacity to pay child support.

Example

A person can apply for a change of assessment if they earn additional income specifically to support children in a new relationship. The person applying for the change of assessment may need to supply financial information about their new partner, to show their partner's capacity to contribute to the support of their children. If the children are from the new partner's previous relationship then it may be necessary to consider what child support the partner receives from the other parent.

In deciding whether to change an assessment, CSA must also consider if any change is fair and equitable and, in doing so, must again look more closely at both parents' financial position. CSA may scrutinise financial arrangements with other people, especially if a parent shares income, expenditure, debts or assets with another person. This could involve examining household expenses.

Collection and enforcement

If a parent owes child support, and CSA is taking action to enforce payment, CSA may need to make detailed enquiries into the parent's financial affairs. If a parent has financial arrangements involving another person, CSA may need to collect and use information about those arrangements.

Example

Statements from third parties

If relevant, CSA will consider statements provided by third parties and may contact a third party to clarify their statement if necessary. CSA will advise the third party and the parent who provided the statement that the other parent will be told the source and given details of the information contained in the statement so that they can comment on the information. If the third party or the parent providing the information do not want the details provided to the other parent, CSA will not consider the statement when making a decision.

Version 1.3

Issued 27 June 2006

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