What is an administrative review
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.
When you apply for an administrative review, you will 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.
This swapping of information is done:
- so both people know all the information the review officer will be considering, and
- so each can respond to the other's details.
You can find more information on administrative reviews in our booklet Helping you to understand child support reviews (IR175).
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.
Date published: 25 Oct 2004
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