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: 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:
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Each parent’s taxable income: Both parents’ incomes are combined and adjusted by a self-support amount.
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Percentage of care: The proportion of time each parent provides direct care for the child.
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Number of dependent children: Including children from other relationships.
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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:
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Additional medical, educational, or travel costs;
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A parent’s financial hardship; or
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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 well-being 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:
1. Apply for Child Support
Lodge an application with Services Australia, detailing care arrangements and both parents’ financial information.
2. Provide Financial and Supporting Documents
Submit tax returns, payslips, and evidence of expenses (for example, medical invoices or school fees).
3. Request a Change of Assessment
Complete a formal request explaining why the standard assessment is unfair and how your circumstances differ from the norm.
4. Consider a Child Support Agreement
Parents may formalise private child support agreements 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.
5. 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.
6. 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:
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Incomplete financial disclosure by either parent.
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Insufficient evidence (e.g., no medical or school documentation).
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Circumstances that do not meet the statutory criteria.
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Ongoing disputes about parenting arrangements.
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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.
Frequently Asked Questions (FAQs)
What are “special circumstances” in child support in Queensland?
Special circumstances refer to situations where the standard child support assessment is unfair or doesn’t reflect the child’s needs or parents’ financial situations. These may include high medical expenses, private school fees, or a parent’s reduced capacity to earn due to illness or care responsibilities.
Can I change a child support assessment due to special circumstances?
Yes. In Queensland, you can apply for a Change of Assessment through Services Australia (Child Support) if you believe special circumstances make the current amount unfair. The application must be based on specific grounds listed under the Child Support (Assessment) Act 1989.
What are valid reasons to apply for a child support change in special circumstances?
Common valid reasons include:
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High costs of raising the child (e.g., disability or education expenses)
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The paying parent earns more than disclosed
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A parent’s duty to support other dependents
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Extra costs for maintaining contact (e.g., travel for visitation)
How do I apply for a child support change under special circumstances?
You must lodge a Change of Assessment application with Services Australia – Child Support, detailing your situation and providing supporting evidence. The other parent will be notified and may respond before a decision is made.
What evidence is needed for a special circumstances child support review?
Evidence may include:
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Medical or therapy invoices
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Private school or educational expenses
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Tax returns and payslips
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Travel costs (if long-distance parenting is involved)
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Legal documents proving changed financial capacity
Can a family court override a child support assessment in Queensland?
Generally, child support matters are handled by Services Australia, but in exceptional cases, the Federal Circuit and Family Court of Australia can make limited orders, such as for binding child support agreements or departure orders when necessary.
Do I need a lawyer to apply for a child support change due to special circumstances?
While not required, legal advice is highly recommended. A family lawyer can help you prepare strong evidence, navigate the legal grounds for assessment changes, and ensure your child’s best interests are represented.
Need Support with Child Support in Special Circumstances?
If you believe your child support assessment doesn’t reflect your unique situation, professional legal advice can make all the difference. At VM Family Law, we understand the emotional and financial strain these situations can cause. Our experienced family lawyers can assist with child support reviews, binding child support agreements, and change of assessment applications based on special circumstances.
We also support families with parenting arrangements, spousal maintenance, family dispute resolution, and other family law mediation services to help you move forward with confidence. Every family is different, and so is every case — we’re here to provide clear, compassionate guidance tailored to your needs.
Call us on 07 3447 8966 or visit www.vmfamilylaw.com.au to speak with a Queensland family lawyer who genuinely cares. Your child’s future matters — let us help you protect it.
Official Information Sources
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Queensland Government – Families and Legal Relationships
https://www.qld.gov.au/families/legal -
Queensland Law Society – Family Law and Legal Help Resources
https://www.qls.com.au/
