Backdating child

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In deciding whether a change to the assessment would be fair, the Registrar is required to disregard any entitlement of the child to an income tested pension, allowance or benefit.

The Registrar also disregards any entitlement of the payee to an income tested pension, allowance or benefit except where the payment would form part of the payee's adjusted taxable income (2.4.4) in an ordinary formula assessment (sections 117(7) and 117(7A)).

However, the Registrar must still decide whether the proposed change is 'otherwise proper'.

In deciding whether it is appropriate to change an assessment the Registrar must consider the parent's duty to support their child.

Before any of those reasons can be established, it must first be demonstrated that the administrative assessment results in an unfair level of child support.

While a reduction of income of less than 15% of the adjusted taxable income would not alone constitute a special circumstance under Reason 8, if a ground to change the assessment has otherwise been established, the parent's reduced income should be considered as part of the just and equitable considerations and will be relevant in making the determination.A formula assessment of child support is based on the adjusted taxable income (2.4.4) of the parents.A much wider examination of the financial resources of the individual is made when the Registrar considers whether to change an assessment.The duty to support a child applies to all the children of a parent equally (see CSA Act paragraph 117(4)(e)).All the children of a parent have equal priority and the CSA Act does not discriminate between the children of different relationships.

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