Care arrangements
Released: 10 May 2007
This media backgrounder on Care Arrangements is intended to assist journalists understand service delivery options available to separated parents.
What are care arrangements?
If parents ask the Child Support Agency (CSA) to calculate the amount of child support that they should transfer between each other, CSA will make an assessment based on a legislative formula. The formula takes into account the care arrangements that the parents have in place. That is, the amount of time each child spends with each parent can change the amount of child support to be transferred.
The care arrangements for each child can be set out in a court order or registered parenting plan. Parents can apply to the Family Court for a court order or to register a parenting plan. Parents can then ask CSA to accept the order or plan.
Levels of care
Where there is no parenting plan or court order, a parent's level of care for a child is generally determined by the number of nights the child stays with them in the first 12 months of the child support period. CSA is not restricted however, to only considering the number of nights and can take into account other factors such as whether one parent provides most of the ongoing daily care.
There are four levels of care that may be used in a child support assessment. These are:
- substantial care (from 110 145 nights);
- shared care (from 146 – 219 nights);
- major care (from 220 – 255 nights); and
- sole care (256 nights or more).
If a parent's care arrangement for a child falls into one of these categories then they are able to apply for a child support assessment.
The level of care for a child will influence:
- whether a parent is entitled to receive child support;
- the percentage of the paying parent’s income that needs to be transferred to the other parent;
- the amount of the paying parent's income that is exempt from child support; and
- the amount of child support a parent is required to receive or pay.
A parent's level of care for children from past or current relationships can also be taken into account in calculating child support payments.
Exceptions to how care is calculated
There are three exceptions to how care is generally calculated:
- Where both parents agree that one of them has substantial care where that parent has less than 110 nights of care. This means that the other parent will have major care.
- Where CSA determines there is shared care because the care each parent provides is substantially equal. CSA will take into account the amount of time during both day and night that each parent cares for the child, as well as who is responsible for making arrangements for and decisions about the child.
- Where a court order or parenting plan, that sets the level of care, is contravened without a reasonable excuse CSA will calculate care based on the Lawful & Actual Care That is, the parent who has more care than provided for in the order or plan will be taken to have the level of care provided for in the order or plan (Lawful care) and the parent who has less care than provided for in the order or plan will be assessed on the level of care they actually have (Actual care).
Non-parent carers
A person who is not the parent of a child, but has taken on the parenting role, such as a grandparent, may be an eligible carer and able to apply for a child support assessment. A non-parent carer must have at least sole care, shared care, substantial care or major care to be an eligible carer.
If a parent or legal guardian of the child does not consent to that person caring for the child, then that person is not an eligible carer. The exception to this is where the Registrar determines that it would be unreasonable for a child to live with the parent or legal guardian. This may be because there has been extreme family breakdown, or there is serious risk to the child's physical or mental wellbeing.
What if parents don't agree on care?
When a parent makes a claim about the level of care of a child CSA will seek to confirm the information with the other parent. If the other parent does not confirm the information CSA will ask both parents to provide details of the care arrangements since the start of the child support period and future care arrangements for the remainder of the first 12 months of the child support period.
CSA will make a decision on the basis of the information provided by parents to substantiate their claims. This information may include statements, diaries, receipts or other evidence. CSA strongly recommends that parents keep a record of their care arrangements in a diary or calendar.
Further information on care arrangements.
Media enquiries
Call: 0434 605 144
Email: media@csa.gov.au
