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Child Support Payment - Dispute Decision?

Discussion in 'Family Law Forum' started by Gregory, 7 July 2014.

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  1. Gregory

    Gregory Member

    7 July 2014
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    Child Support Payment
    Recently I had a decision made by the Social Securities Tribunal regarding the amount I am to pay in child support. They deemed that I left my employment of the past 25yrs so as I would not have to pay the child support, reason for leaving was due too medical and personal work problems which I have submitted documentation for. The amount I have been advised to pay is way out of what I am currently earning and now I am worried they will move in and take away my house and the very little money I have in the bank. Up until leaving the employment I had paid the correct amount of child support every month on time for nearly 10yrs.
    Is there someone I can see for legal advise on wether I am able to dispute the decission
  2. Jacob Romano

    Jacob Romano Active Member

    19 July 2014
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    SSAT decisions can be appealed, and are surprisingly very often overturned.

    Many Family Law solicitors can assist in child support matters, but at the end of the day its a case of whether the legal cost justifies what you would save. Self-representing is always an option if you are able.

    [Moderator Edit - Community Guidelines]
    #2 Jacob Romano, 19 July 2014
    Last edited by a moderator: 20 July 2014
  3. Worldly1

    Worldly1 Well-Known Member

    25 April 2014
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    Hi Gregory,
    The Social Security Appeals Tribunal's “If you disagree with our decision” page sets out some information about what further review you can seek if you disagree with the SSAT’s decision:
    Further review rights - child support
    A party, including the Child Support Registrar, who is dissatisfied with the SSAT decision can appeal to a court within 28 days of receiving the SSAT's written statement of reasons, but only on a question of law. The court which most frequently deals with such appeals is the Federal Circuit Court of Australia. The Family Court and certain State and Territory courts may also deal with such appeals.

    There are two exceptions:

    1. if the decision is a refusal of an extension of time to apply to the SSAT, the applicant can apply to the Administrative Appeals Tribunal for a review of the decision, or
    2. if the SSAT makes a decision relating to a party's percentage of care for a child for a period after 1 July 2008, a party can apply to the Administrative Appeals Tribunal for a review of the decision (in addition to the right of appeal to a court on a question of law).
    An application to the Administrative Appeals Tribunal must be made within 28 days of receipt of the SSAT's written reasons for the decision, or, where no written reasons are given, within 28 days of receipt of the SSAT decision.

    A family lawyer could provide you with legal advice, as could your community legal centre. Which State/Territory are you located in?

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