When the Formula Gets It Wrong

The child support formula is designed to produce a fair result in typical circumstances. But circumstances are rarely typical. The formula uses a standardised calculation based on income, care percentages, and the number and ages of children — and it doesn't account for the real-world complexity of most families' situations.

You might be paying for expensive travel to see your children. One of your children might have a disability requiring significant additional expense. The other parent might be deliberately earning below their capacity. You might have other dependents — a new partner's children, elderly parents — who aren't captured by the formula.

When the formula produces an unjust result, the law provides pathways to challenge it. But the outcome depends heavily on how well the application is prepared. A Change of Assessment (COA) application isn't just about telling your story — it's about presenting evidence that meets specific legal criteria, structured in a way that gives the decision-maker what they need to depart from the formula.

This is where 35+ years of exclusive specialisation makes the difference. Simon Bacon has prepared hundreds of COA applications and knows precisely what works — and what doesn't.

Your Options for Challenging an Assessment

Three levels of review, each progressively more independent

1

Change of Assessment (COA)

Apply to Services Australia to depart from the formula. There are 10 specific grounds. A Services Australia officer will consider your application, the other parent's response, and any supporting evidence. This is the most common and often most effective first step. No lawyer needed.

2

Formal Objection

If the COA decision is unfavourable, you can lodge a formal objection within 28 days (90 days for assessment-related decisions). A different, more senior officer reviews the matter from scratch. Well-written objections with supporting evidence frequently succeed. No lawyer needed.

3

Administrative Review Tribunal (ART)

The ART (formerly SSAT) conducts a full, independent merits review. It's a fresh assessment by an independent tribunal member, not just a check that Services Australia followed the rules. You can present evidence, make oral submissions, and have a specialist prepare your case. No lawyer needed, though specialist preparation significantly improves outcomes.

Published Expertise in Assessment Law

Academic contributions that demonstrate depth of knowledge

These publications demonstrate expertise that goes beyond practical experience — Simon has contributed to the academic understanding of how child support assessment law works. Few practitioners in Australia can match this depth of published authority.

How We Help with Assessment Reviews

Practical, expert guidance at every stage

Initial Analysis

We review your current assessment, income details, care arrangements, and the specific facts of your situation. We identify which COA grounds apply and assess the strength of your case.

Evidence Preparation

We help you gather and organise the right evidence — financial documents, care records, receipts, medical reports — presented in the format that Services Australia and the ART expect.

Application Drafting

We draft your COA application, objection, or ART submission. The written document is often the single most important factor in the outcome — clear, evidence-based arguments structured around the specific legal criteria.

Process Guidance

We guide you through each step — what to expect from Services Australia, how the conference process works, what happens at the ART, and how to respond to the other parent's submissions.

Tribunal Preparation

If your matter goes to the Administrative Review Tribunal, we prepare comprehensive submissions, organise evidence, and coach you on presenting your case effectively.

Cost-Effective

Advisory fees are typically one-third of what a family lawyer would charge for the same work. For assessment reviews — which are administrative, not court-based — this represents significant savings with equivalent or greater expertise.

Frequently Asked Questions

How do I challenge a child support assessment?

The most common path is a Change of Assessment (COA) application through Services Australia. If that's unsuccessful, you can lodge a formal objection (28–90 days), then appeal to the Administrative Review Tribunal. Each stage is administrative — no lawyer required — but specialist preparation significantly improves outcomes.

What are the grounds for a Change of Assessment?

There are 10 specific grounds: high costs of contact, special needs of a child, high costs of caring for other children, necessary self-support commitments, necessary commitments to support others, high child care costs (payee), substantially reduced support (payee), income not reflecting capacity, property/financial resources, and other special circumstances.

How long does an assessment review take?

A COA application typically takes 6–12 weeks for a decision. Objections are usually decided within 60 days. ART matters can take 3–6 months from lodgement to hearing. Timelines vary based on complexity and Services Australia's current workload.

Can the assessment be changed retroactively?

In some cases, yes. A COA decision can be backdated to the date the application was made (or sometimes earlier). The rules around retrospective changes are complex and depend on the specific ground and circumstances. This is an area where specialist knowledge prevents costly mistakes.

Challenge Your Assessment with Expert Help

Free initial consultation. 35+ years of specialised expertise in child support assessments.

Contact Simon