Managing child support can already feel overwhelming, but it becomes even more complicated when you’re dealing with special circumstances.
Whether you’re a parent who’s paying or receiving child support, understanding how special situations can affect your assessment may help you ensure your child’s needs are met without creating unfair burdens.
This guide outlines common special circumstances, how to apply for a change, and additional topics not always discussed—giving you a more complete picture of your rights and responsibilities.
What Are Special Circumstances?
In general, child support in Australia is calculated using a standard formula. It considers factors like your income, your ex-partner’s income, and how much time your child spends with each of you. But sometimes, the formula just doesn’t reflect the full reality of your situation.
You might be in a position where you’re paying too much or not receiving enough support due to unique circumstances—this is where special circumstances come in.
Examples of Special Circumstances:
Extraordinary medical expenses
If your child has a disability, or chronic condition, or needs ongoing therapy, the costs can be significant. These expenses may justify an adjustment in support.
Private or special education
If you’ve both agreed to enrol your child in a private school or a program with added costs, these are considered special circumstances.
Substantial travel costs for parenting time
If one parent lives far away and bears high travel costs to maintain a relationship with the child, this could warrant a reassessment.
Financial hardship or loss of income
If you’ve lost your job or had a significant drop in income, this may qualify as a reason to seek a reduction in the assessed amount.
High costs related to another dependent
If you’re also supporting another child or person with special needs, this could impact your ability to pay.
How to Request a Change to Your Child Support Assessment
If you think your current assessment doesn’t reflect your financial situation or the true cost of raising your child, you can apply for a reassessment.
The Process:
- Identify your grounds: There are ten recognised reasons for a change of assessment. These include costs of raising a child, income changes, and care percentage discrepancies.
- Prepare your documents: Collect supporting materials—bank statements, medical invoices, school fees, travel logs—anything that proves your situation.
- Submit your application: You’ll need to complete a formal form for a change of assessment and send it to the relevant agency. Make sure you explain your situation clearly and include all documentation.
- Wait for the outcome: The agency will review your case, sometimes contacting both parents. They may request more evidence or clarification before making a decision.
Responding to a Change of Assessment Request
You might be on the receiving end of a change request. If that happens, don’t panic. You’ll be notified and given a chance to respond.
Tips for Responding:
- Review the claim carefully and compare it with your own records.
- Provide your own evidence to support your position if you disagree.
- Be honest and detailed in your response—omitting information may harm your case.
- Keep communication respectful and focused on your child’s needs.
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What Happens After the Decision?
Once a decision is made, it becomes part of your official child support assessment. It can result in:
- Increased or decreased payments
- Backdated changes (depending on the evidence)
- New payment arrangements if agreed upon by both parties
If you’re unhappy with the decision, you may have the right to seek an internal review or appeal the outcome. Keep in mind that appeals can be time-consuming, so it’s worth seeking legal advice beforehand.
Additional Topics Often Overlooked
Let’s go beyond the basics. Below are other considerations that might apply to your case.
1. Impact of Shared Parenting with Unequal Income
Even if you and your former partner split parenting time 50/50, child support may still be payable if one of you earns significantly more. This often surprises parents, but it’s grounded in the principle that children should benefit from both parents’ financial means.
Key takeaway: Equal time doesn’t always mean no child support. Your income levels still play a role.
2. Changes in Living Arrangements
When a child moves from one parent to another (either temporarily or permanently), it may shift the care percentage used in the support calculation.
If this happens, it’s your responsibility to update the agency with the new living arrangements—otherwise, you could end up overpaying or underpaying.
Key takeaway: Always notify authorities about major changes in parenting time.
3. Unreported Income or Cash-in-Hand Work
If you suspect your ex is underreporting their income, you can request a reassessment based on a more accurate estimate of their actual financial situation. Evidence such as sudden lifestyle upgrades or business cash flow can be used during the review.
However, this can be a sensitive issue, so it’s best to approach it carefully and provide as much factual evidence as possible.
Key takeaway: Support amounts should reflect actual income, not just what’s reported on paper.
4. Supporting Older Children
Once a child turns 18, regular child support usually stops—unless they’re still in secondary school. In such cases, you can apply to extend payments until the end of the school year.
There’s also the possibility of applying for adult child maintenance, especially if the young adult has a disability or ongoing health condition.
Key takeaway: Support doesn’t always stop at 18. You may still have obligations if your child is studying or has special needs.
5. Informal Agreements and Risks
Sometimes, parents make private arrangements and choose not to go through the formal child support system. While this might feel more flexible, it’s risky.
If one parent decides to stop paying or disputes the arrangement, there’s little you can do without a formal agreement in place.
Key takeaway: Put your agreements in writing and register them to ensure enforceability.
Working with a Family Lawyer
While it’s possible to navigate changes to child support on your own, you may find it helpful to work with a family lawyer—especially if the situation is complex or involves high stakes.
A lawyer can:
- Help you prepare the strongest possible application
- Represent you during disputes or appeals
- Ensure your rights (and your child’s rights) are protected
This is particularly helpful if the other party is being uncooperative or if you’re unsure of how the law applies to your case.
Parenting Time Fluctuations and Their Impact
Shared care arrangements aren’t always stable. Parenting time can fluctuate due to job changes, school holidays, health issues, or other life events. These changes can significantly impact your child support assessment—even if they’re temporary.
For example, if your child spends more time with you during the school holidays or because your co-parent travels frequently for work, this increased care can be considered in a reassessment.
How to Manage This:
- Keep a record of overnight stays and schedule changes.
- Communicate with your co-parent and try to reach an informal agreement first.
- Notify Services Australia if the change becomes long-term or permanent.
Key takeaway: Changes in parenting time—even short-term—can affect your entitlements or obligations.
When a Parent Has Additional Children or a New Family
If you or your ex-partner now supports other children from a new relationship, this may affect your financial capacity. The child support system recognises that both parents have obligations to all dependent children.
You can request a reassessment if:
- You’re paying support for children from different relationships.
- You’re now financially responsible for a stepchild who lives with you full-time.
- Your household expenses have significantly increased due to the arrival of a new baby or family member.
It’s important to be realistic here—adding new dependents doesn’t automatically reduce your child support, but it’s one of several factors considered when assessing financial fairness.
Key takeaway: Having more children can affect your ability to pay or receive support, depending on your situation.
Need a Lawyer?
Domestic Violence and Power Imbalance in Negotiations
If you’ve experienced domestic violence, negotiating child support—especially informal arrangements—can be distressing or even unsafe. You may feel pressured to accept an unfair agreement or avoid formal channels to keep the peace.
In these cases, it’s particularly important to seek help. Services Australia has provisions in place to protect parents in vulnerable positions, including:
- Private appointments with a case officer
- Additional security and safety planning
- Options to communicate through third parties or legal counsel
You deserve a child support process that protects your well-being as well as your child’s. Don’t hesitate to reach out to a legal professional or support service if you feel unsafe.
Key takeaway: Your safety comes first. Support services are available if you’re managing child support in the context of family violence.
Tax, Superannuation, and Hidden Financial Resources
Some parents have income streams that are harder to detect, such as:
- Income through trusts or family companies
- Large fringe benefits (e.g. company car, rental support)
- Overseas income not declared locally
- Superannuation accessed early
If you suspect the other parent has more income than they’ve disclosed, you can apply for a reassessment based on “capacity to pay”. You’ll need evidence that they have financial resources beyond what’s been reported—bank transactions, company records, or patterns of spending may be relevant.
Services Australia may investigate and factor these resources into the child support calculation.
Key takeaway: Fair support means accounting for all income, not just what’s on a payslip.
Can You Make Informal Changes to a Formal Assessment?
Life happens. There may be times when you and your co-parent agree on a temporary change—like postponing a payment, covering a one-off cost instead, or shifting the amount during a difficult period. This can be helpful and collaborative, but it’s not legally binding unless formally updated.
Informal changes can:
- Create misunderstandings later
- Be disputed retroactively
- Affect arrears and enforcement if not documented
If you’ve made any agreements outside the formal system, try to:
- Put it in writing (texts or emails count)
- Inform Services Australia if it becomes a long-term change
- Consider using a Binding Child Support Agreement for flexibility with protection
Key takeaway: Be cautious with informal arrangements. Protect yourself with written proof and formal updates when needed.
Emotional Toll and Self-Care for Parents
Managing finances while raising children is no small feat. Add legal processes, inconsistent payments, or conflict with your co-parent, and the pressure can take a toll on your emotional and mental well-being.
You might feel:
- Frustrated by delays or bureaucracy
- Resentful of the other parent’s choices
- Anxious about meeting your child’s needs
- Guilty about falling behind or asking for a reassessment
It’s okay to feel overwhelmed. Seek support when you need it—from a lawyer, counsellor, financial advisor, or a trusted friend. Taking care of your emotional health puts you in a stronger position to care for your child and navigate the system confidently.
Key takeaway: You’re not alone. Seeking help isn’t a weakness—it’s part of showing up for your child and yourself.
Child support under special circumstances requires a careful balance between what’s fair, what’s feasible, and what’s best for your child. Whether you’re adjusting to new costs, navigating unpredictable parenting time, or coping with financial strain, remember: the system has mechanisms to help.
By knowing your rights, documenting your situation, and using the available processes, you can advocate for a fair and sustainable arrangement.
If you’re unsure where to start, don’t hesitate to speak to a family law professional who can guide you through your options.