Backdating child

29-Nov-2019 13:38

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The Registrar will consider whether it is 'just and equitable' to make a particular decision after a reason for a change to the assessment has already been made out (CSA Act section 117(4)).

In deciding whether a decision is fair, the Registrar will consider the amount and duration of any proposed change and the factors listed in CSA Act section 117(4) which are relevant to a particular case.

If a parent's income has changed significantly then this may be a factor in deciding whether a change should be made.

While a reduction of income of less than 15% of the adjusted taxable income would not alone constitute a special circumstance under Reason 8, if a ground to change the assessment has otherwise been established, the parent's reduced income should be considered as part of the just and equitable considerations and will be relevant in making the determination.

If the carer is not a parent of the child for whom child support is payable, that carer has no legal duty to support the child.

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A much wider examination of the financial resources of the individual is made when the Registrar considers whether to change an assessment.

The Registrar must consider the proper needs of the child and must have regard to 'the manner in which the child is being, and in which the parents expected the child to be, cared for, educated or trained and any special needs of the child' (CSA Act section 117(6)).

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