Disputing Your Child Support Assessment

by Resolve Conflict on September 4, 2019

Disputing Your Child Support Assessment - Resolve Conflict Family LawyersIf you have recently received your Child Support Assessment and don’t believe that it is correct, you are able to lodge your objection with the Department of Human Services (Child Support).

Time Limits

On receiving your child support assessment letter you have 28 days to object, either via letter, email or filling in an Objections Form. If you live overseas you have 90 days to object.

If you do not lodge your objection within this time frame the child support agency will not asses your objection unless you make a request for an extension of time and it is granted.

If you objection is in regards to the actual care percentage decision then you can lodge your objection at any time. However, if this objection is not submitted within the 28 days or 90 day for overseas parents, you will not be able to backdate any changes from the date you lodged your objection, unless there are special circumstances.

Reasons To Object

You are able to object to most Child Support decisions if you feel it necessary. Those objections may include:

  • The information used in the assessment is incorrect
  • All relevant facts have not been considered
  • Relevant details have been overlooked
  • New information has become available
  • The appropriate law or policy has not been applied
  • The wrong decision in the circumstances of your case

Objections That Cannot Be Reviewed

The following reasons will not be reviewed through the objection process:

  • Parentage
  • The collection process
  • Departure Prohibition Orders

What Happens If You Disagree With The Response?

If you do not agree with the response to your initial objections to the child support assessment by the Department of Human Services – Child Support you can appeal the decision to the Administrative Appeals Tribunal – Social Services and Child Support Division.

The next step if you still believe the assessment is incorrect is to take your objection to the General Division of The Administrative Appeals Tribunal for another review or you may be able to appeal to the Federal Circuit Court if the SSCS Division made an error or law not an error about the facts.

Refusal To Pay

Should you refuse to pay your arrears will accumulate and penalties for late payment can be applied. Imposed penalties for late payments can be applied and if you have arrears the child support agency can:

  • Make your employer deduct child support from you income.
  • Deduct a lump sum from your bank account.
  • Impose tax return lodgements if you fail to lodge and deduct arrears from your tax returns.
  • Deduct unpaid child support amount from your income support payments or payment from the Department of Veterans’ Affairs.
  • Issue overseas travel bans.
  • Take you to court to collect outstanding child support if other methods haven’t worked.

 

Child support for many parents is not a complicated issue, however for others it is far more contentious. If you and your child’s parent aren’t able to reach an agreement on child support matters please contact us on (03) 9620 0088 or email info@resolveconflict.com.au 

Note: This is general information advice only and does not constitute specific legal advice. If you would like further information in relation to this matter or other legal matters, please contact us on 03 9620 0088 or email info@resolveconflict.com.au

 

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