Information Notes
Note A
Suspension of collection of payments by the CSA where there is a court order or court registered agreement, and the payer receives Social Security payments
Many court orders and court registered agreements do not allow for amounts of child support to change with changes in the circumstances of the parents. They often do not make provision for the paying parent becoming unemployed, or suffering a substantial drop in income.
If you are a receiving social security pension or benefit and are paying child support under a court order or court registered agreement that does not make allowances for when you are unemployed you can ask CSA to suspend collection of child support.
Please note: If you are paying child support under a child support assessment this option is not available to you. You should contact CSA to find out what your options are.
If you request that CSA suspend collection, CSA will ask Centrelink to verify that you receive a Social Security Pension or a Social Security Benefit. Centrelink will also check that your Social Security payment plus your ordinary income is not greater than the maximum basic rate of pension. The CSA can only suspend collection of your child support if your income is less than or equal to this amount. When CSA suspends collection of child support, the period of suspension is called a ‘low income non–enforcement period’.
When does a non–enforcement period end?
A low income non–enforcement period ends either when you no longer receive a Social Security payment or your income is more than the income threshold.
When is a payer not able to have collection suspended?
Suspension of the payments cannot occur if the court order or court registered agreement already makes provision for the periods of unemployment or low income. The collection of spousal maintenance payments cannot be suspended.
Note B
Suspension of collection of payments by CSA when there is a court order or a court registered agreement and the payee ceases to be the main provider of daily care
Currently, many court orders and court registered agreements do not make provision for a change in the circumstances of the parents, for example, changes in the care arrangements for the child.
You can ask the CSA to suspend collection of child support payments whenever the payee ceases to be the main provider of daily care for one or more children.
Suspension of collection of payments by CSA when daily care changes
Both the payer and the payee must make a joint election to have the collection of the maintenance by CSA suspended for the child/ren.
The period the collection is suspended for is called the ‘overall non–care period’.
During the ‘overall non–care period’, the terms of the court order or court registered agreement are still enforceable. While the amounts are not being collected by the CSA, the payee may take action to collect through the courts.
When does suspension of collection during an overall non–care period end?
The suspension of collection may be ended by the payee or the payer making an election for CSA collection of the maintenance for the child to restart. Collection by CSA will resume on the day the non–care period ended if you lodged the application within 28 days of that date. Otherwise, it resumes on the day you make the application.
Important Note:
If you have become the main provider of daily care for the child and you want the child‘s other parent to pay you child support, then you must apply to the court for a court order.
Note C
How daily care arrangements affect the assessment
Shared daily care
Shared daily care occurs where the parents share care, or agree they share care, of the child/ren for approximately the same amount of time. For example, if Sara lives with Mum 4 days a week and lives with Dad 3 days a week, this may be considered shared care.
CSA calculates the amount of child support each parent would pay the other based on the time Sara is in each parent‘s care. Under the formula assessment parent‘s income is subject to the exempted income provision which is based on the unpartnered rate of Social Security pension plus an allowance for each child (shared or sole) in their care. The percentage is also reduced to recognise the time the child lives with that parent, For example, for one child in shared care, the percentage is 12%. If CSA calculates that the parents have to pay an amount to each other, the amounts are offset and the balance is payable by the parent who had to pay the higher amount.
Substantial contact
Substantial contact occurs when a parent has a child for more than 30% of the nights in the first 12 months of the child support period, but less than 40% of the nights. For example, 2 nights a week plus 4 weeks at Christmas.
Where parents agree that the contact is substantial CSA will reflect that agreement in the assessment regardless of the actual nights the child stays with the paying parent in the child support period.
For substantial contact calculation, the payer‘s child support percentage is reduced, and the exempted income is based on the unpartnered rate of Social Security pension. Due to the higher level of care, the payee‘s exempted income is the partnered rate plus an allowance for the children in their care.
Daily care in future assessments
The figure you give in this form for the number of nights the children stay with their paying parent will be used in assessments for the current child support period and future child support periods unless you tell CSA about a change.
Factual and lawful care
CSA generally considers factual care, that is the actual care that each parent provides. However, if there is a court order or parenting plan made under the Family Law Act 1975 concerning the care of the child/ren, CSA must also consider this when making an assessment.
If the court has ordered that one parent should have a certain level of care of a child and the other parent denies that care, the assessment may be based on the care the other parent is entitled to have under the court order/parenting plan.
Note D
How children from another relationship affect an assessment
If you are the payer (or if there are shared or divided care arrangements), your children from another relationship can be included in your assessment as relevant dependent children. The children must be under 18 and unmarried, you must be their parent (either natural, by adoption or a step–child whom you have a legal duty to maintain) and the main provider of their daily care. When you have relevant dependent, your exempt income to be used in the child support assessment is reduced according to the number and age of your dependents.
When do I have a legal duty to maintain a step child?
You only have a legal duty to maintain a step child when a court makes an order under section 66M of the Family Law Act 1975 or the equivalent provision of the Family Court Act of Western Australia 1997.
Important
Always keep records of your child support payments as you may need to supply this information to the CSA at a later date.
Where to send this form
You can submit this form online or send it to the address shown on CSA letters to you or to the nearest CSA office. Centrelink customers can lodge this form at a Centrelink Customer Service Centre.
CSA office addresses:
NSW
Sydney
GPO Box 9815
Sydney
2001
VIC/TAS
Melbourne
GPO Box 9815
Melbourne
3001
QLD
Brisbane
GPO Box 9815
Brisbane
4001
SA/NT
Adelaide
GPO Box 9815
Adelaide
5001
WA
Perth
PO Box 9815
Perth
6848
Need help to complete this form?
Telephone CSA on 131 272 (local call charge excluding mobile and public phones).
If you have a complaint
please contact us on 131 272.
if you are still not satisified call the Complaints Service on 132 919.