Applying for an exemption review
Applying for an exemption review
The application
To apply for an exemption review, fill in an Application for an exemption review (IR472) form, or write us a letter.
Your application must be in writing, we'll then check it to ensure that:
- you're entitled to apply (only a custodian can apply)
- you've indicated you’re applying because you consider the exemption doesn't take into account the income, earning capacity, property and financial resources of the paying parent
- the paying parent has been granted an exemption from paying child support.
Send your application, with all the information to support your case, to your nearest Child Support office. If your application is valid, it'll be given to a review officer.
Once we've received your application, we may contact you:
- if we need more information, or
- to ask you to complete a financial statement so the review officer can fairly consider all the circumstances of your case.
For more information about applying for a review read our guide Helping you to understand child support reviews (IR175).
The paying parent
The paying parent named in the application must be told:
- that an application has been received, and
- they can apply for a copy of this application and any supporting information, and
- they can participate in the review if they want to, and
- the details of the grounds for your review.
If they want to be involved in the review, they must apply in writing within 14 days.
The review officer
Review officers can only consider information known to both parties, who must also have been given an opportunity to respond to each other's details. Review officers can also consider any information we hold, such as:
- income details, including those of a new partner
- details from company, partnership and trust returns.
The hearing
Hearings are organised by Child Support staff.You can:
- elect to have a personal or phone hearing, or
- ask the review officer to consider your case on the basis of written submissions.
Both parties can attend a personal hearing (either together or separately), but neither party can be required to attend. You can also be represented or have a support person at the hearing, but this person cannot:
- be or have been enrolled as a barrister or solicitor, or
- have experience in advocacy work.
The decision
Review officers won't give a decision at the hearing. Instead, decisions will be in writing and include:
- an examination of the reasons for the review
- a discussion of why there will or won’t be a variation to the assessment
- a start and end date to any variation
- the specific change to how the assessment is calculated to achieve the variation.
A copy of the written determination is sent to both the custodian and paying parent parties once it is accepted and signed off by us.
The rights of each party
The custodian and paying parent can appeal to the Family Court if they're dissatisfied with the review decision.
To find out more about the Family Court, read our booklet Helping you to understand child support and the Family Court (IR174) under "Forms and guides".
Date published: 13 Apr 2010
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