An administrative review is based on the Family Court departure order process. Child Support staff organise the review process, but the actual review is done by an independent person, called the review officer, who is contracted to Inland Revenue.
In deciding whether to change an assessment, the review officer must consider:
- your special circumstances
- whether a change would be fair to both parties and the children
- if a change would be otherwise appropriate.
Providing your details for the review
When you apply for an administrative review, you'll be asked to provide details of your financial situation. If the other parent wants to take part in the review:
- they are allowed to have a copy of your application and any supporting information, including the financial details
- you are allowed to have a copy of their response and supporting information.
We exchange information so both people know the matters the other person intends to raise at the hearing, so they can prepare for it. We don't, however, share any information we give to the review officer from Inland Revenue records with the other person.
The review officer can't consider any details of your case that you don't want passed on to the other person, as this would be against the rules of natural justice.
We don't pass on personal information such as your address, phone numbers and account numbers to the other party.
Providing information is voluntary. You should only provide information that you are comfortable with the other party receiving and that is relevant to the administrative review.
Grounds for review
When you apply for an administrative review, you must be able to show that you have "grounds for review". There are ten grounds for review:
|Ground 1||You have a duty to maintain another child or person.|
|Ground 2||It costs extra to cover the special needs of another child or person you have a duty to maintain.|
|Ground 3||You have necessary expenses in supporting yourself.|
|Ground 4||You have necessary expenses in supporting another child or person you have a duty to maintain.|
|Ground 5||It costs more than 5% of the child support income amount to enable the paying parent to have contact with the child.|
|Ground 6||It costs you extra to cover the child's special needs.|
|Ground 7||It costs you extra to care for, educate or train the child in the way that was expected by either parent.|
|Ground 8||The child support assessment does not take into account the income, earning capacity, property or financial resources of either parent or the child.|
|Ground 9||You are the paying parent and the assessment does not take into account that you have previously made payments, transfers or property settlements for the benefit of the child.|
|Ground 10||You are the paying parent and you still have a financial interest in a property that the custodian is entitled to live in.|
If you have grounds for review, you can apply for an administrative review.
For more information
You can find more information on administrative reviews in our booklet Helping you to understand child support reviews (IR175).
Date published: 26 Aug 2013