Under the Child Support (Assessment) Act, there are situations where a parent or carer who is dissatisfied with the decision of the Child Support Agency, can apply to the court for a ‘departure order’, to change the amount of child support which is payable.
One of these situations is when the parent or carer is involved in family law court proceedings; say for property or parenting matters. Such parent or carer can than ask the court to also make a child support departure order. For the court to make such an order, the court must be satisfied that:
- There are special circumstances;
- That it would be just and equitable in the case;
- That it is proper for the order to be made.
Situations where you may consider asking the court to make a departure order included where a child has special needs, the other parent has a significant income and where it was agreed between the parents that a child would attend a private school.