I Don’t Agree With a Child Support Decision – What Can I Do?

If you do not agree with a child support decision, you may appeal to have the decision reviewed.

Some causes for an objection include:

1. The information is wrong or outdated;
2. All the facts have not been considered;
3. Important details have been missed; or
4. The laws had been applied incorrectly.

To dispute a child support decision in New South Wales, the following steps are available:

1. Lodging an Objection with Services Australia

• You must submit your objection within 28 days of receiving the decision letter (90 days if you are overseas in a reciprocating jurisdiction).
• You will need to complete the “Objecting to a Child Support decision” form available from Services Australia.
• Provide details of the decision and supporting evidence and then submit the form as instructed by Services Australia.

2. Review by the Administrative Review Tribunal (ART)

• If you are dissatisfied with the outcome of your objection, you can apply for a review by the ART. The ART is separate from the Child Support Agency.
• You must lodge your application within 28 days of receiving the objection decision (90 days if overseas).
• You will need to apply online or by submitting the application form with your details, a copy of the decision, and reasons for your appeal.
• The Child Support Agency will give the ART any necessary documents they need to review the decision and attend their hearings, if required.
• The Child Support Agency must give the ART and the parents all the information they had when they made their decision. This may include information that you have not seen before.

3. Applying to Court for a Change of Assessment

• If you are still dissatisfied with the outcome, you can appeal the decision by the ART in Court.
• You will need to prepare and file the necessary court documents. Your application will need to set out the orders you would like the Court to make, and your affidavit must set out the evidence to support your application. You will also need to file a financial statement and a financial questionnaire providing full disclosure of your financial circumstances.
• Once the documents have been filed, you must arrange to serve the documents on the other party. You cannot do this yourself.
• If you need to change an assessment older than 18 months, you must also apply to the court for leave.
• For a change in an assessment older than 18 months, your Affidavit must explain the delay and any hardship.
• If the Court grants leave for Chid Support to consider a change to the assessments, you will need to apply to Child Support attaching a copy of the Court’s order granting you leave. It is important to note that just because the Court has granted you leave, this does not mean the Child Support Agency will change the assessment in the way that you want.

If you want to reduce or stop paying child support while your Court application is being considered, you can seek a stay order from the Court. If the Court grants a stay order, the Child Support Agency will be prevented from collecting child support from you until the Court makes a final decision in your matter.

Contact one of our experienced Family Law Solicitors about your child support matter, contact our Sutherland Shire Team on 8525 2700, click here to request an appointment, or click on the Book Now button below. Our experienced team of Family Law Solicitors include Riccarda Stock, Nicole Quirk, Shweta Kumar, and Nikita Ward.

Article by Shweta Kumar
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