Child Support

Aussie Divorce Est. 2005

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Departures from the Formula: Special Circumstances

The child support formula is designed to be fair, but it doesn’t always reflect real life. That’s why either parent can apply for a Change of Assessment — sometimes called a “departure from the formula” — if there are special circumstances.

This process allows Services Australia to adjust payments so they better match the real needs of children and the financial situation of both parents.

Common Reasons for a Change of Assessment

  1. High costs of raising the child

    • Ongoing medical or disability expenses,

    • Private school fees agreed to by both parents.

  2. The paying parent’s income doesn’t reflect true capacity

    • A parent hides income by working cash jobs,

    • A parent deliberately reduces work hours to lower payments.

  3. High costs of maintaining contact

    • A parent who spends a lot on travel to see the children (e.g., interstate flights).

The Application Process

  • Either parent can apply through Services Australia,

  • Detailed evidence is needed (bills, receipts, proof of income),

  • Both parents are given a chance to respond,

  • A decision is made based on what’s “just and equitable” and in the child’s best interests.

Example:
Linda applies for a change of assessment because her son requires ongoing physiotherapy costing $250 per week. Services Australia agrees the formula doesn’t reflect this and increases the father’s payments.

Risks and Challenges

  • The process can be time-consuming and stressful,

  • It may cause conflict between parents,

  • Decisions can be appealed, which adds further delay.

Key Takeaway

Departures from the formula are there to handle special circumstances. If the standard calculation doesn’t reflect reality — due to medical needs, hidden income, or unusual expenses — parents can seek a fairer assessment through the change of assessment process.

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