Eligibility for a Child Support Assessment
Before the Department of Human Services accept an application for a child support assessment, they must be satisfied that both parents are the legal parents of the child or children involved.
The Department will be satisfied if:
- the parents were married when the child was born
- the parents are named on the child’s birth certificate including an Australian birth certificate or a birth certificate issued by a country listed as a reciprocating jurisdiction for Australia
- the male parent was living with the mother between 20 and 44 weeks immediately before the child’s birth
- adoption papers list both parents
- a statutory declaration, or other relevant instrument has been made by a person acknowledging they are the child’s parent
- a relevant court has expressly found that the person is a parent of the child, or
- the person is a parent under the Family Law Act 1975; for example, the child was born as a result of artificial conception or surrogacy
After the Department accept your application, they will send you a child support assessment notice. You do not have to work out your assessment yourself – they will work it out for you. It is important that you check your assessment and tell the department if any details are wrong. If your circumstances change at any time, you need to let the Department know so they can provide you with an updated assessment.
Some examples of relevant changes of circumstances are income, where you live, how many dependents you have, if a child or children develops special needs etc.
If you have any queries or concerns about an assessment, you should contact the Department for clarification.
If this does not assist you, contact us at Freedom Law for a consultation to discuss your child support issues.