Objections to Child Support decisions

Before you object

Please read the decision letter we sent you carefully.

When you send an objection, you’re asking us to formally review a decision we made.

Call us

Call us on the Child Support general enquiry line if something isn’t clear or seems wrong. We’ll explain it and tell you what your options are.

Objections

Reasons for objecting

You may want to object if you think we’ve:

• used wrong or old information
• not considered all the facts
• missed important details
• not applied the law correctly.

You can object to most decisions about child support. There are time limits for doing this.

The Child Support Guide on the Department of Social Services website has in depth information on the following:

• decisions you can object to
• decisions the Administrative Review Tribunal (ART) can review and the process involved
• court applications you can make, the orders a court can make on these applications and the impacts this can have on your child support assessment
• your rights to appeal departure prohibition orders.

Before you appeal a decision to the ART, you should consider your privacy as well as the information we share and don’t share as part of this process.

Decisions about care percentage

We work out your care percentage for a child the same way for both child support and family assistance.

If you disagree with our decision about this percentage, call the:

• Child Support general enquiry line if it’s about child support
• Families line if it’s about family assistance.

Decisions you can’t object to

You can’t object to decisions we can’t review, including:

• who is or isn’t a child’s parent - only a court can do this
• most things to do with collecting payments - this includes payment arrangement amounts, intercepting tax refunds and garnishing bank accounts
• changing a departure prohibition order - you can only appeal to a court
• refusing a departure authorisation certificate - the ART can review these.

You can’t object to an overpayment. However, you may be able to lodge an objection to the decision which caused the overpayment.

Objection process

Before you object, call the Child Support general enquiry line to discuss.

If you want to object to our decision about care, call the Child Support general enquiry line.

For all other objections use the Objecting to a Child Support decision form.

Information you need to give us

Tell us, on the form or over the phone, all of the following:

• the date on the decision letter you got from us
• the date when you got the letter
• the decision you object to
• why you think it’s wrong
• if you have evidence to support your objection - call the Child Support general enquiry line to discuss what this may be.

Evidence we won’t accept

We won’t accept:

• anything offensive, abusive or derogatory
• statements from children
• anything obtained illegally.

We won’t accept applications that include material that is offensive or is intended to abuse or degrade the other parent or children.

We will not consider evidence that includes statements from children or illegally obtained evidence.

Statements from children can be spoken or in writing. They include voice recordings, text messages and social media posts.

Read more about our support for people affected by family and domestic violence.

Send your objection

If your Child Support online account is linked to myGov, sign in now to submit your form.

Sign in to myGov

You can also send your form to us by fax or post.

Deadlines

You have 28 days to object to a decision we make that’s not about a care percentage. This starts from the day you get the decision letter. We need to get your objection letter or form on or before the deadline date.

If you live outside Australia in a reciprocating jurisdiction you have 90 days to object.

If you need more time

You can ask us to consider a late objection by:

• using the Objecting to a Child Support decision form
• calling us on the Child Support general enquiry line.

When you contact us, explain why you couldn’t object before the time limit. You may need to give evidence to back this up.

If we refuse to give you more time, you can appeal to the Administrative Review Tribunal.

Objections about care percentage

You can object at any time but we can’t backdate child support changes if we don’t get your objection within:

• 28 days if you live in Australia
• 28 days if you live outside Australia but not in a reciprocating jurisdiction
• 90 days if you live outside Australia and in a reciprocating jurisdiction.

If special circumstances stopped you objecting in time, call us on the Child Support general enquiry line. Do this as soon as you can. We may be able to start changes from an earlier date.

Our process

When we get your objection we provide the other parent with a copy of your objection and any documents.

We give the other parent a chance to respond to us with:

• the Responding to an objection form
• a letter
• a phone call.

We also:

• ask you both for more information if we need to
• share this information with the other parent
• get information from other sources if we need to.

Effects on your payments

Your payments stay the same while we’re considering the objection.

The only way we can stop collecting your child support payments is if you get a stay order.

Sharing information

By law we must share any information you give us as part of your objection with the other parent. We give them a copy or tell them about it on the phone.

It’s up to you to remove any details you don’t want the other person to see.

We can only consider information from you if:

• we’ve shared it with the other parent
• they’ve had a chance to respond.

This is to make things fair, because our decisions affect both of you.

Call us on the Child Support general enquiry line if you have any questions.

Objection decisions

We’ll decide about your objection within:

• 60 days if you and the other parent live in Australia
• 120 days if one of you lives overseas in a reciprocating jurisdiction.

We’ll tell you both in writing if we:

• allow the objection
• partly allow it
• don’t allow it.

We’ll explain our reasons for this decision.

We then change our records and make a new assessment if we need to. We’ll write to you to tell you what we’ve done.

If you don’t agree with this decision

You can ask the Administrative Review Tribunal (ART) to review it.

Tribunal review

You can apply to the ART once we’ve made an objection decision.

The ART is totally separate from us. We can’t help you with your application to them. We can only:

• give them documents they need to review our decision
• go to their hearings, if they ask us to.

We must give them, and both parents, all the information we had when we made our decision. This may include information you haven’t seen before.

ART deadlines

Reviews other than care percentage

You have 28 days to apply. This starts from the day you get our objection decision letter.

If you live outside Australia in a reciprocating jurisdiction you have 90 days to object.

You can write to the ART to ask for more time to apply.

Reviews about care percentage

You can apply any time, but we may not be able to backdate child support changes if the Tribunal gets:

• your application for review more than 28 days after you got the objection letter if you live in Australia
• your application more than 90 days after you got the objection letter if you live overseas in a reciprocating jurisdiction.

How it works

Find out from the ART website about:

• decisions they can review
• how to apply
• what happens next.

You can apply if you live overseas. Contact the ART to discuss how you can take part in the hearing.

There are 2 levels of review. If you don’t agree with the result of the first review, you may be able to ask for a second. You can do this if it’s a decision about either:

• care percentage
• asking for more time to apply for a first review.

There’s no fee for the first review. There may be a fee for the second.

If you don’t agree with the final decision you can appeal to a court.

Court appeal

You can only appeal an ART decision on legal questions, not about the facts.

A legal question could be:

• what the law means in cases like yours
• if the ART’s process for your review was legally correct.

You can’t appeal:

• if you just don’t agree with the decision
• if you want to argue about the facts in your case.

It’s a good idea to get legal advice if you’re thinking about appealing.

Other options

If you have a child support assessment you can apply to us for a change of assessment in special circumstances.

You can also try to get a court order for one of the following:

• child support as a lump sum payment
• child support as non-periodic amounts.

Privacy

What we share

We’ll call you and the other parent to talk about the objection and any response.

We’ll give the other parent a copy of:

• your application or response form
• any documents you send us to support it.

If you give us information over the phone that we may use in the decision, we’ll tell the other parent so they can respond.

This includes documents from the Family Court or Federal Circuit Court.

What we don’t share

During the objections process, we won’t give the other parent your personal details from the privacy section of your form. But it’s up to you to remove personal details from any other documents.

If either party appeals the objection decision to the ART, a copy of the privacy section of the objection form must be given to the other party at that time.

If you’re concerned that the health or safety of yourself or another person may be at risk if personal information is exchanged at any time, you should let us know.

What you need to be careful about

Personal details

Remove any personal details you don’t want the other parent to see from the form and any evidence you send us.

For example, cross out or cover up:

• your phone number and address
• your email address
• where you work
• where the children attend day care or school
• details which could identify a vehicle, like registration numbers
• any information about a residence, business, or place which could be used to identify you, where you live, or a third party.

We protect your personal information under the Privacy Act 1988.

Read about your right to privacy.