2.2.1: Eligible child

Context

CSA can only make a child support assessment for a child who is an eligible child (section 18) and a child for whom an application can be made (section 24).

Legislative references

Sections 5, 18, 19, 20, 21, 22, and 24 Child Support (Assessment) Act 1989

Regulation 4 Child Support (Assessment) Regulations 1989

Explanation

An eligible child must:

• be born on or after 1 October 1989 (the commencing day of the Assessment Act) (section 19), or
• have parents who lived together and who separated on or after 1 October 1989 (section 20), or
• have a brother or sister who was born to the same parents on or after 1 October 1989 (section 21), and
• not be cared for under a child welfare law of Queensland, South Australia, Western Australia, Norfolk Island, Christmas Island, or the Cocos (Keeling) Islands (section 22 and regulation 4).

Example

Example

A person can only apply for a child support assessment for an eligible child if the child is under 18 years of age (section 24(a)(ii)). A person cannot apply for a child support assessment for a child who is a member of a couple (i.e. living with a person of the opposite sex on a genuine domestic basis or with someone they are legally married to) (sections 5 and 24(a)(iii)).

The child must also meet the residence requirements for a child support assessment, which are:

• the child is in Australia when the person makes the application (section 24(b)); and/or
• the child is an Australian citizen, or ordinarily resident in Australia on that day.

If the child does not meet the ordinary residence requirements, a liable parent or eligible carer in a reciprocating jurisdiction may still be able to apply for a child support assessment for that child (See chapter 1.6 Overseas cases topic Australian child support assessments for overseas cases).

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Version 1.3

Issued 23 January 2008

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