This fact sheet answers questions about a first AAT review of a Child Support decision in the Social Services and Child Support Division
Answers to questions about your child support review
What does the AAT need to decide?
There are a variety of child support decisions that can be reviewed by the AAT. Each of these reviews need to be decided by applying the Child Support laws. What needs to be decided depends what decision is being reviewed by the AAT.
For example, for care reviews, the AAT must decide how much care the parents or carers have of a child. For Change of Assessment (CoA) reviews, the AAT must decide whether to depart from the administrative assessment of child support, taking into account many factors required by the child support law such as income, financial resources, and special circumstances.
What information can I provide to support my review?
The most useful information to provide to the AAT in a care review is about when the care changed and what the new pattern of care was for the child in the period after the care changed. Helpful evidence to provide might include:
- records of when the child was in your care, for example diary entries, calendar records and notes
- third party statements regarding the care of a child at any given time, in particular a statement from a school or doctor
- court orders or formal agreements regarding the care of the child
- clear identification of what you are disputing.
The most useful information you can provide to the AAT in a CoA review is information about your income, property and financial resources, and any special circumstances relevant to the decision being reviewed. For example, if the decision was about school fees, it might include evidence of fees paid, copies of fee agreements, and evidence about whether you and the other parent or carer agreed about the type of education the child was receiving.
Usually in CoA reviews the AAT Member will send you directions about what additional information to provide. Sometimes they will have a directions hearing with you and the other party together by phone before they send you these directions.
Examples of helpful documents that you may provide in a CoA review, or may be directed to provide, are:
- Recent payslips from your current employer
- Latest tax return and Notice of Assessment
- Statement of assets and valuations
- Details of your involvement in any businesses, partnerships or trusts
- Evidence of your financial commitments and anticipated costs
- Evidence of any financial hardship
- Evidence of costs associated with the child including medical and education costs
Will my documents be given to the other parent / carer, or Child Support?
Yes. All parties to the review will be given a copy of any relevant documents that are provided to us by another party. Guidelines about what you must redact from your documents before you provide them to the AAT can be found in the Child Support Review Directions. Both parents / carers will be sent a non-disclosure order before receiving any documents from Child Support or the other party which prohibits them from disclosing any private information about another person that they receive during the review, except in very limited circumstances.
What will happen at my hearing?
The hearing will be held in private, either in person, by video, or by telephone.
Any party whose interests are affected by the decision under review will have an opportunity to provide evidence and participate at the hearing. This means that the other parent / carer will also be present at the hearing. If the Member has approved it, there might also be an interpreter or representative present. Child Support will not attend the hearing unless the Member asks them to send a representative.
The hearing will be recorded. You will be asked to take an oath or make an affirmation that you will tell the truth at the hearing.
You will have an opportunity to explain why you agree or disagree with the decision under review and the Member will ask you questions. You cannot question another party or a witness but you can ask the Member to put a question to them. The Member will consider all of the information that you present that is relevant to the decision being reviewed.
The length of the hearing might be up to 1 hour, but it can be longer.
CONTACT US IF YOU HAVE ANY QUESTIONS
For more information about how child support first reviews are managed, see:
You can contact us if you need more information or have any questions.
When this Fact Sheet refers to “You” it means the applicant and any other party, and includes his or her nominee, representative or support person. When it refers to “We” or “Us” it means the AAT.