Child Support Objection Process in Australia
The child support objection process in Australia allows parents to formally dispute a decision made by Services Australia (Child Support).
If you disagree with a child support decision, you can raise an objection, which will be reviewed by someone who was not involved in the original decision.
This ensures that any errors or disputes can be re-examined based on the information available and new evidence, if applicable.
Who Can Object?
Both parents and non-parent carers can object to certain child support decisions. Common reasons for objections include disagreements about the amount of child support, decisions about who should pay, or disputes regarding income calculations.
The objection process is open to anyone affected by a child support decision, provided that they meet the required timelines.
Key Takeaway: Anyone directly affected by a child support decision, including both parents and non-parent carers, may lodge an objection within the specified timeframes.
Grounds for Objecting
There are specific grounds on which you can raise an objection. These typically relate to:
- The amount of child support to be paid or received
- The assessment of income used to calculate payments
- Whether certain expenses should be considered in the assessment
- Changes in care arrangements that affect child support payments
- Decisions about late payment penalties or enforcement measures
Understanding the reason behind your objection and providing evidence supporting your case is important.
Key Takeaway: Your objection should be based on specific grounds, such as disputes over income assessments, payment amounts, or care arrangements, and supported by evidence.
Time Limits for Lodging an Objection
There are strict time limits within which an objection must be lodged.
Typically, you have 28 days to object to a child support decision if you reside in Australia. The time limit is extended to 90 days for people living outside Australia.
It’s important to act promptly, as late objections may not be accepted unless there are exceptional circumstances.
Key Takeaway: Objections must be lodged within 28 days if you are in Australia or 90 days if you are overseas, so act promptly to avoid missing the deadline.
Need a Lawyer?
How to Lodge an Objection
You can lodge an objection in writing by completing the appropriate form or providing a written statement outlining the reasons for your objection. The form or written objection should include:
- Your personal details
- The decision you are objecting to
- The grounds for your objection
- Any supporting evidence
You can submit your objection by mail, fax, or online through the myGov portal. Once lodged, Services Australia will review the objection and may request additional information from you.
Key Takeaway: Ensure your objection includes all necessary details, reasons, and supporting evidence, and submit it within the designated timeframe through an approved channel.
The Review Process
After you lodge an objection, it will be reviewed by a person who was not involved in making the original decision.
This process usually takes around 60 days to complete. If more time is needed, Services Australia will notify you.
During this review, they will consider all the information provided, including any new evidence.
After the review, a decision will be made, and you will be notified in writing of the outcome.
If your objection is successful, the original decision may be overturned or amended. If the objection is unsuccessful, the decision will stand.
Key Takeaway: The review process can take up to 60 days, and based on the information and evidence provided, the outcome may either amend or uphold the original decision.
What Happens if You Disagree with the Objection Decision?
If you disagree with the outcome of the objection process, you may be able to appeal to the Administrative Appeals Tribunal (AAT).
The AAT is an independent body that reviews government decisions. When appealing to the AAT, you must do so within 28 days of receiving the objection decision.
The AAT will conduct its own review and may request additional information or evidence.
Key Takeaway: If you are dissatisfied with the objection decision, you can appeal to the Administrative Appeals Tribunal but must do so within 28 days of receiving the decision.
The child support objection process provides a structured way to challenge decisions made by Services Australia.
It allows for a fair review and ensures that both parties have an opportunity to present their case.
Suppose you find yourself needing to dispute a child support decision.
In that case, it’s important to understand the grounds for objection, act within the time limits, and provide all necessary evidence to support your case.
