Changes to the basic formula (in special circumstances)

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The Registrar uses an administrative formula to make a child support assessment. The administrative formula is explained in 2.4. However, if parents or children have special circumstances, the administrative formula may not provide a fair level of child support. CSA Act Part 6A provides a means for the Registrar to administratively change a child support assessment to reflect the special circumstances of a case.

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The phrase 'special circumstances of the case' is not defined in the CSA Act. The Family Court held that 'it is intended to emphasise that the facts of the case must establish something which is special or out of the ordinary' (Gyselman and Gyselman (1992) FLC 92-279).

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The Registrar or a court can only change an assessment if one or more of 10 listed reasons (2.6.2) is established in the special circumstances of the case (sections 98C and 117(2)). If one of the reasons for a change of assessment is established, the Registrar or a court must also consider whether changing the assessment would be 'just and equitable' (2.6.17) and 'otherwise proper' (2.6.18) (sections 98C(1) and 117(1)).

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

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1. 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.

2. Reason 2 (2.6.8) - The costs of maintaining a child are significantly affected by high costs associated with the child's special needs.

3. 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.

4. Reason 4 (2.6.10) - The child support assessment is unfair because of the child's income, earning capacity, property or financial resources.

5. 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.

6. 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).

7. Reason 7 (2.6.13) - The parent's necessary expenses significantly affect their capacity to support the child.

8. Reason 8 (2.6.14) -The child support assessment is unfair because of the income, earning capacity, property or financial resources of one or both parents.

9. 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.

10. Reason 10 (2.6.16) - The parent's responsibility to maintain a resident child significantly reduces their capacity to support the child support child.

If one 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)).