Your Options to Dispute a Child Support Assessment

Your Options to Dispute a Child Support Assessment

If you don’t agree with a child support decision made by the Child Support Agency you may be able to object.

You may want to object if you believe that Child Support have relied upon incorrect or old information, not considered all of the facts, missed important details or not applied the law correctly.

To object to a decision you must object in writing using the form “Objecting to a Child Support Decision” on the Department of Human Services website (https://www.humanservices.gov.au/).
There is a time limit of 28 days for objecting to a child support determination.

Once the Child Support Agency receives your objection they will:

• Discuss the objection with you and the other parent and provide them with a copy of your objection
• Give the other parent the opportunity to respond by a letter or a phone call
• Asking both parties for more information if necessary
• And getting information from other sources if required

Your payments will stay the same during the time that the Child Support Agency is considering your objection however, it may be possible for you to make an application to the Family Courts to obtain a Stay Order until a final decision has been made.

If you do not agree with the decision made by the Child Support Agency you can then apply to the Administrative Appeals Tribunal (AAT) to review it. You only have 28 days to apply to the AAT and this time starts from the day you receive the objection decision letter. You can not apply to the AAT unless an initial objection has been lodged through the Child Support Agency first.

If you have questions about your child support assessment or your options to seek a stay of your assessment payments pending a review outcome, contact one of our experienced Family Law solicitors at Merridy Elphick Lawyers.