There is nothing that can be done. I have spoken to another technical officer who is a specialist in change of assessment and he said that what is an isn't allowed to be considered as far as a relevant dependant child in a step-child like relationship is defined very strictly in the new legislation. what I have pasted below is a some text which I have found in the guide, chapter 2.6.16 (
CSA - The Guide - 2.6.16: Reason 10 ?€=“ responsibility of the parent to maintain a resident child=). However, the actual legislative reference is Section 117 (10) of the Child Support (Assessment) Act 1989. what is in the guide as far as this is conserned has been copied and pasted from the legislation:
There can be a reason for changing an assessment if the capacity of either child support parent to provide financial support for the child(ren) is significantly reduced because he or she has a responsibility to maintain a resident child.
The three threshold requirements are:
1. There are 'special circumstances';
2. The child support parent has the responsibility to maintain a 'resident child'; and
3. the responsibility significantly affects the child support parent's ability to provide financial support for the child of the child support assessment.
The phrase 'special circumstances of the case' is not defined in the Assessment Act. The Family Court has held that 'it is intended to emphasise that the facts of the case must establish something which is special or out of the ordinary' (Gyselman and Gyselman (1992) FLC 92-279).
The Assessment Act defines 'resident child ' at section 117(10).
A 'resident child' of a child support parent is a child who:
• normally lives with the child support parent, but is not a child of the child support parent; and
• the child support parent is, or was, for two continuous years, a member of a couple; and
• the other member of the couple is, or was, a biological parent of the child; and
• the child is aged under 18; and
• the child is not a member of a couple; and
• one or more of the following applies in respect of each biological parent of the child:
o the biological parent has died;
o the biological parent is unable to support the child due to the ill-health of the biological parent;
o the biological parent is unable to support the child due to the caring responsibilities of the biological parent; and
• the resident child requires financial assistance
