2.6.2 What are the reasons for a change of assessment?

Context

The 10 reasons for a change of assessment application are listed in the CSA Act.

Description

The Registrar can only change an assessment if 1 or more of 10 listed reasons is established 'in the special circumstances of the case' (sections 98C and 117(2)).

There are 10 reasons for a change of assessment (section 117(2)).

• Reason 1 (2.6.7). The costs of maintaining a child are significantly affected by high costs of enabling a parent to spend time with, or communicate with, the child
• Reason 2 (2.6.8). The costs of maintaining a child are significantly affected by high costs associated with the child's special needs
• Reason 3 (2.6.9). The costs of maintaining a child are significantly affected by high costs of caring for, educating or training the child in the way both parents intended
• Reason 4 (2.6.10). The child support assessment is unfair because of the child's income, earning capacity, property or financial resources
• Reason 5 (2.6.11). The child support assessment is unfair because the payer has paid or transferred money, goods or property to the child, the payee, or a third party for the benefit of the child
• Reason 6 (2.6.12). The costs of maintaining a child are significantly affected by the high child care costs for the child (and the child is under 12 years of age)
• Reason 7 (2.6.13). The parent's necessary expenses significantly affect their capacity to support the child
• Reason 8 (2.6.14). The child support assessment is unfair because of the income, earning capacity, property or financial resources of 1 or both parents
• Reason 9 (2.6.15). The parent's capacity to support the child is significantly affected by
  • their duty to maintain another child or person
  • their necessary expenses in supporting another child or person they have a duty to maintain
  • their high costs of enabling them to spend time with or communicate with, another child or person they have a duty to maintain
• Reason 10 (2.6.16). The parent's responsibility to maintain a resident child significantly reduces their capacity to support the child support child

Prior to 1 July 2008, Reason 10 applied in cases where the child support assessment was unfair because the paying parent earned additional income for the benefit of a resident child.

If 1 of the reasons for a change of assessment is established, the Registrar must also consider whether changing the assessment would be 'just and equitable' (2.6.17) and ' otherwise proper' (2.6.18) (section 98C(1)).