Child Support Objections 277-09170000

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Example

1

• M and F are assessed for the costs of the child A, who is in the shared care of M and F
• M notified Child Support on 13 August that the care of A had changed on 1 August. Child Support made a care percentage decision on 26 August, deciding that a change had occurred, that M now had 40% care and F had 60% care
• F objected to that decision on 11 December, explaining that they were not able to lodge the objection earlier. Child Support considered the objection and decided on 6 February to allow the objection, as M’s care percentage is 36% and F’s care percentage is 64%
• Child Support then considered if special circumstances prevented F from lodging the objection within 28 days. Child Support is satisfied that special circumstances did exist. Child Support then considered if the discretion to extend the period should be exercised. Child Support is satisfied that F did not rest on their rights and that M would not be prejudiced by a decision to extend the period in which to lodge the objection. Child Support makes a determination under s87AA(2) that the objection was lodged within time
• The assessment is amended from 1 August to use the objection decision percentages (M 36% and F 64%) to replace the original care percentage decision

If special circumstances exist, but it is not appropriate to extend the lodgement period to the date that the objection was lodged, do not exercise the discretion to extend the lodgement period. Process the decision as if there are no special circumstances.

Tell both customers they have appeal rights to the AAT on the objection decision and on the determination regarding the date of effect under s87AA(2).

The customer may lodge an application to have the objection decision, the date of effect or both components of the objection reviewed by AAT.

If further assistance is needed to determine whether special circumstances exist, contact a Service Support Officer (SSO).

Update the special circumstances in the Objection Maintenance window and record the outcome.

Note: if the applicant has applied for special circumstances and the date of effect needs to be determined for the objection decision, consideration of special circumstances must be finalised in time for the objection to be processed within the legislated timeframes.

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Examples

1

Original care determination suspended the assessment - objection lodged outside of 28 days without special circumstances

Fred and Sue have 1 child called Sam who is in Fred’s 100% care. Sue advises Child Support on 20 October 2018 that Sam is now in Sue’s 100% care from 10 September 2018.

A care decision is made, to reflect Sam is in Sue’s 100% care from 20 September 2018, the assessment is suspended from date of event to date of notification.

Fred lodges an objection to the care decision on 1 January 2019 to the care decision. The original care decision is reviewed and an objection decision is made. The decision is that from 10 September 2018 Sue’s care is 0% and Fred’s care is 100%.

The new care determination applies from 1 January 2019, the date the objection was received.

Care percentage used in the assessment:

• Before the care change, Fred has 100% care and Sue has 0% care
• From 10 September, Fred has 0% care and Sue has 0% care
• From 20 October, Fred has 0% and Sue has 100% care
• From 1 January, Fred has 100% care and Sue has 0% care

2

Original care determination did not suspend the assessment - objection lodged outside of 28 days without special circumstances

Tim and Sally have 1 child called Jack who is in Tim's 100% care. On 20 October 2018, Sally advises the gaining of 100% care of Jack from 10 September. Child Support investigate the care and determine no change in care has occurred. On 1 January 2019 Sally lodges an objection. The original care decision is reviewed and an objection decision is made. The decision is that from 10 September 2018, Sally has 100% care of Jack. The new care determination applies from 1 January 2019, the date the objection was received. A suspension will not be applied as there is no period of time when all parents had less than 35% care in the assessment

Care percentage used in the assessment:

• Before care change, Tim has 100% care and Sally has 0% care
• 20 October (no change determination), Tim has 100% and Sally has 0% care
• 1 January (date of objection), Tim has 0% care and Sally has 100% care

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Examples

1

Original care determination terminated the assessment - objection lodged outside of 28 days without special circumstances

Kevin and Jodie have 1 child called Justin who is in Jodie's 100% care. On 1 August 2018, a care change occurs and Kevin now has 100% care of Justin. Services Australia is not notified of the change in care until 8 March 2019 (more than 26 weeks after the care change occurred).

As Jodie's care reduces below 35% care from 1 August 2018 (date of event) and Kevin's increase percentage of care cannot be used in the assessment until 8 March 2019 (date of notification), a terminating event occurs on 1 August 2018. Neither parent has a care percentage of 35% or more. When Services Australia was advised of the change in care on 8 March 2019, a new application for child support is needed if either parent wants to restart the case.

Jodie lodges an objection on 1 May 2019. The original care decision is reviewed and an objection decision is made. The decision is that from 1 August 2018 Jodie has 100% care of Justin. The new care determination applies from 1 May 2019, the date the objection was received. As the assessment was terminated, Jodie will need to make a new application for child support.