When it comes to child support in Queensland, standard assessments don’t always reflect the unique realities of every family. Circumstances such as high medical expenses, private schooling, or changes in a parent’s income can make the standard calculation unfair or unrealistic.
In such cases, parents can request a review or variation to ensure the support amount accurately reflects their child’s needs and each parent’s financial position. Understanding how special circumstances work in Queensland’s child support system can help ensure a fair and lawful outcome.
Please note: this is general information only and not legal advice — please contact VM Family Law for accurate, tailored advice. Our full contact details can be found here: https://www.vmfamilylaw.com.au/contact/
How Child Support Is Assessed
In Queensland, child support is governed by the Child Support (Assessment) Act 1989 (Cth) and administered federally through Services Australia. The Act sets out a formula for determining how much the paying parent (the liable parent) contributes to the cost of raising their child.
This formula considers:
Each parent’s taxable income: Both parents’ incomes are combined and adjusted by a self-support amount.
Percentage of care: The proportion of time each parent provides direct care for the child.
Number of dependent children: Including children from other relationships.
Costs of children: Based on national data reflecting typical expenses for children at different ages.
If either parent believes the formula doesn’t fairly reflect their circumstances, they can apply for a Change of Assessment under Part 6A of the Act.
What Are “Special Circumstances”?
Special circumstances exist when the standard child support formula does not fairly address a child’s needs or a parent’s ability to pay.
Services Australia can vary an assessment when there are exceptional factors, such as:
Additional medical, educational, or travel costs;
A parent’s financial hardship; or
A child’s special needs or circumstances.
Each application is considered individually to ensure that any change remains consistent with the child’s best interests.
Common Types of Special Circumstances
Here are examples of the situations that may justify a change to a child support assessment in Queensland:
1. High Medical or Health Expenses
If a child has ongoing medical conditions or disabilities requiring specialist treatment, medication, or therapy, those expenses may be recognised as special circumstances.
2. Private Schooling Costs
Where both parents agree, or where it was part of their financial expectations during the relationship, private school fees and related educational expenses can be considered in the assessment.
3. Financial Hardship or Unemployment
If a parent experiences genuine financial hardship — such as job loss, illness, or reduced income — they can request a reassessment or reduction.
4. Significant Travel Costs
If parents live far apart, travel expenses for the child to maintain contact with each parent can be included in the assessment.
5. Additional Educational or Extracurricular Costs
Tutoring, music lessons, sports programs, or special learning needs can sometimes be taken into account when they are considered necessary for the child’s development.
6. A Child’s Special Needs or Exceptional Talent
Expenses for children with unique abilities, such as sporting or artistic training, or those with special care needs, can also justify an adjustment.
These categories ensure that support arrangements stay fair and practical, reflecting both the child’s wellbeing and each parent’s financial situation.
How to Apply for a Change of Assessment
To ensure the assessment reflects your family’s situation, the following process generally applies:
Apply for Child Support
Lodge an application with Services Australia, detailing care arrangements and both parents’ financial information.Provide Financial and Supporting Documents
Submit tax returns, payslips, and evidence of expenses (for example, medical invoices or school fees).Request a Change of Assessment
Complete a formal request explaining why the standard assessment is unfair and how your circumstances differ from the norm.Consider a Child Support Agreement
Parents may formalise arrangements privately through:Limited Child Support Agreements (registered with Services Australia); or
Binding Child Support Agreements, which require both parties to receive independent legal advice before signing.
Seek Legal Advice
A family lawyer can help prepare supporting evidence and ensure the application complies with the legal criteria under the Child Support (Assessment) Act 1989.Await Decision and Review
Services Australia will assess the claim and issue a written decision. If you disagree, you may seek an internal review or, in some cases, appeal to the Administrative Appeals Tribunal (AAT) or the Federal Circuit and Family Court of Australia.
Example Scenario
A parent caring for a child with a chronic medical condition applies for a review after incurring significant health expenses. Services Australia reviews medical evidence, finds the standard formula inadequate, and adjusts the support amount to include these additional costs.
This ensures both parents contribute fairly to the child’s essential care.
Why an Application May Be Rejected
Not every application for special circumstances succeeds. Common reasons for rejection include:
Incomplete financial disclosure by either parent.
Insufficient evidence (e.g., no medical or school documentation).
Circumstances that do not meet the statutory criteria.
Ongoing disputes about parenting arrangements.
Failure to comply with the legislative formula without proper justification.
If your application is rejected, you can request a review of the decision or seek legal advice on further appeal options.
How VM Family Law Can Help
At VM Family Law, we assist parents across Queensland with:
Preparing and reviewing Change of Assessment applications.
Negotiating and drafting private child support agreements.
Advising on variations based on financial hardship or special needs.
Representing clients in Services Australia reviews or Family Court proceedings.
Our experienced family lawyers ensure your child’s needs are fully recognised, and your financial obligations are fair and legally compliant.
Frequently Asked Questions (FAQs)
What qualifies as special circumstances in child support?
Special circumstances are situations where the standard assessment doesn’t reflect the true costs of raising the child, such as medical expenses, private school fees, or travel costs.
Can child support be reduced if I lose my job?
Yes. If your income drops significantly, you may apply for a reassessment or temporary variation.
Does child support cover private school fees automatically?
No. Private school fees are only included if both parents agree or the decision reflects the family’s prior financial intentions.
What if my application is refused?
You can request a review or appeal to the Administrative Appeals Tribunal if you believe the decision was unfair.
Is legal advice required for a Binding Child Support Agreement?
Yes. Both parties must obtain independent legal advice before signing to make the agreement enforceable.
Conclusion
When special circumstances affect child support, it’s vital to ensure your child’s best interests are protected while maintaining fairness for both parents. Whether it’s high medical costs, educational needs, or changes in financial resources, seeking professional advice can help you secure a fair and accurate outcome.
For tailored legal support, contact VM Family Law on 07 3447 8966 or visit vmfamilylaw.com.au to book a confidential consultation.
Official Information Sources
Queensland Government – Families and Legal Relationships
https://www.qld.gov.au/families/legalQueensland Law Society – Family Law and Legal Help Resources
https://www.qls.com.au/
