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Administrative remedies

If the assessment is not fair or not correct, it is important to identify the problem so that the appropriate remedy can be selected. For example, if the issue is about the care level used in the assessment then the remedy is to inform Services Australia-Child Support or Centrelink and ask for a care decision to be made.

If the issue concerns a special circumstance such as the special needs of a child or private education expenses, the appropriate remedy may be to make an application to Change the Assessment in Special Circumstances.

Alternatively, the issue may relate to the income used in the assessment for either parent. Ordinarily, the income used in the assessment is based on the parent’s most recent taxable income. For some people, particularly those people who are self employed or have experienced periods of unemployment, this may not produce an accurate assessment of child support. The remedies most often used to change the income used in the assessment are the lodgement of an Estimate of Income or an application to Change the Assessment in Special Circumstances. Deciding which of these remedies is appropriate will depend on the particular circumstances in the case.

Administrative remedies  :  Last Revised: Mon Jan 18th 2021
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.