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Change of assessment reason 3

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Last year I submitted a change of assessment using reason 3 as I pay the full child support amount and all the private school fees. The process took about 6 months to complete (including the objection process) and the end result was the change of assessment was denied.
The reason stated was that in the Consent Orders, under the notations section there was the statement

"The parents note that they intend to enter into a Limited Child Support Agreement contemporaneously with these orders which will provide for the Father to pay child support to the Mother in accordance with the administrative assessment of the Department of Human Services Child Support and that the Father will pay for the children school costs."

At the time the orders were signed my Ex was not working so that is why the statement was present. However, my Ex never signed or filed the Limited Child Support Agreement with the agency.

So when they reject the Change of Assessment the reason given what that there was a notation saying I would pay the private school fees.

I recently came across section 2.7.1 of the Child Support Guide and saw the section "Child support agreements and notations"

This section states:
An order for a change to the assessment made by consent under CSA Act Part 7 can sometimes contain notations, notes or annotations to draw attention to actions the parties have taken or will take in the future. Notations are not orders and cannot be registered as court ordered variations to an assessment. However, they can form a child support agreement if:

  • they are signed by both parties (the usual provisions for limited and binding agreements apply), and
  • the wording of the notation expresses an agreement that child support of a kind listed in the CSA Act section 84 is payable to the other person.
A notation that says the parties intend to make a child support agreement is not a child support agreement.

Example: A notation that says 'the parties intend to enter into a child support agreement whereby Allen will meet all the costs of schooling for Jaci and Bettina and the annual rate of child support is to be reduced by 100%' is not a child support agreement, even if Alen and Liliana both sign it.

A notation that says 'the parties agree that Alen will meet all the costs of schooling for Jaci and Bettina and the annual rate of child support is to be reduced by 100%' can be a child support agreement if Alen and Liliana both sign it.



 

To me it would seem that the notation on my Consent Order would fall into the 'A notation that says the parties intend to make a child support agreement is not a child support agreement' category. Or am I missing something?

I was thinking of making a new application for this years school fees but am unsure if it would be successful. I seem to remember reading somewhere that if a change of assessment has already rejected all subsequence requests of the same type would also be rejected. Is this correct?

I found the first Change Of Assessment process so stressful that I didn't bother go to the AAT after the objection was rejected. So the question is how much of a chance would thing a new application have?

Thanks for any comments/advice.
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