Change of assessment: Reason 9

The applicant's capacity to provide financial support to the children is significantly reduced because they have a legal duty to maintain another person or other children not included in the child support assessment; or they have such a legal duty and it costs them:

• more than five per cent of their child support income to have contact with that person or those children.
• extra to cover the special needs of that person or those children.
• extra to cover the necessary expenses of that person or those children.

Both you and the paying parent may apply under this reason

Things I should know

What is a legal duty?

Legal duty in most cases means that the applicant must have a court order making them responsible for the financial support of the person or child they are claiming they have a legal duty to maintain.

Examples of legal duty without a court order:

• The applicant's married partner is unable to support themself because:
  • they are looking after children of the marriage
  • of their age, physical or mental incapacity
  • of any other adequate reason
• The applicant must support the mother of their unborn child, two months before and three months after child birth.

Examples of legal duty where a court order is required:

• The applicant is paying spousal maintenance.
• The applicant is supporting their parents or other family members.
• The applicant is supporting their de facto partner.
• The applicant is paying child support under a court order for a child. Remember, if you have a court order for a step-child, you can ask CSA to have the child included as a dependent child instead of applying to change your assessment.

Supporting documents

• A court order requiring the applicant to make payments to, or provide support to another person.
• Proof of child support or maintenance paid for the person or children the applicant has a legal duty to maintain.
• Other receipts or statements showing costs involved in supporting the person or children the applicant has a legal duty to maintain.

Using other people's information

If you are making the application you need to consider the ramifications of using other people's information. If the person you have a legal duty to maintain is responsible for managing their own affairs, it is important for you to discuss with them that you want to use their information. They need to understand how their information will be used, and give their consent to you to provide CSA with their personal information. Please see Your Application: changing your child support assessment in special circumstances booklet for more information on what to include in your application.

When could I apply under this reason?

Example

It costs you $2,000 for transport or suitable accommodation to have contact with children from a different relationship. You can apply under this reason because you spend more than $1,250 (five per cent of $25,000) on contact.

When could the other parent apply under this reason?

Example

The person or child who the paying parent has a legal duty to maintain has high medical costs or needs special care because of a disability.

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