Protecting Your Children through Divorce

Posted on: 27 October 2021

In the unfortunate event of a divorce, most parents will typically have the best interests of their children at heart. Even though they may have their own disagreements as adults, they will usually come together for the good of the kids. Yet sometimes, child support assessments are necessary, and a government agency may need to step in instead. Is there any way to appeal such an assessment as one of the affected adults if you feel it is simply unfair?

Set Formulas

Usually, the Child Support Agency will issue assessments based on a predetermined formula set down in legislation. The formula is usually based on each parent's taxable income and may then stipulate that one parent is obliged to pay the other a certain amount each month towards the care of the children.

Objecting

It is possible, however, to lodge an objection to this assessment by going through various stages. In the beginning, you could deal with the agency itself, and they will review this in-house. If you are still unsatisfied with the position, you can then go to a Social Security Appeals Tribune, and they may come to a different conclusion.

Reasons for a Review

But what are the grounds for an appeal? The legislation does include certain variations, one or more of which may be applicable in your case.

• You may find that it costs you a lot of money in order to spend the appropriate amount of time with the children. This can be the case if you live at a distance and have to spend money on peak-hour transportation.
• You may have to incur a sizeable expenditure each month for one or more reasons, and this has a big effect on your ability to pay the suggested money. The situation may have changed since the agency applied the initial order, and you can request another review.
• There are high costs involved in educating the children to the standards previously agreed between the parents.
• The other parent may now have additional resources or a much higher earning capacity than they did before. You may believe that this makes the agreement unfair and can apply for review.

Getting a Lawyer Involved

Clearly, there is a lot at stake, and if you want to stand the best chance of an acceptable review, you should seek legal advice. A family law solicitor can present your case most effectively and follow up if needed.