Care arrangements

What is the difference between actual care and lawful care?

Actual care is the care that each parent can prove they have. Most assessments are based on actual care.

Lawful care is the care which is set out in a court order or registered parenting plan. Where there is a court order or registered parenting plan, CSA must generally base the assessment on this.

What if the other parent isn't following the court order for care?

If the court order or registered parenting plan is breached with a reasonable excuse to do so, CSA will base the assessment on actual care.

If the court order or registered parenting plan is breached without a reasonable excuse, CSA will base the assessment on the lesser of actual or lawful care.

How does CSA determine the 'level of care' each parent has?

Most assessments are based on actual care. Where there is a court order or registered parenting plan, CSA must generally base the assessment on lawful care.

The level of care by each parent will determine how much child support is paid.

CSA determines the level of care of a child based on the number of nights that the child will stay with each parent in the first 12 months of the child support period.

The following table shows the relevant child support percentage that would be payable for one child according to the number of nights that child spends in your (the receiving parent's) care.

Level of Care (in receiving parent's care)	Number of Nights (In first 12 months of child support period)	Child Support %
Sole	256 nights or more	18
Major	220 - 255 nights	14
Shared	146 - 219 nights	12
Substantial	110 - 145 nights	8

The percentages may vary according to the number of children and whether the payer pays child support for other children.

What if the paying parent has another child from a different relationship in their care (a relevant dependant)?

A relevant dependant child is the paying parent's child, from a different relationship, who they are caring for. If a payer has relevant dependant children, the exempted income amount used in your child support assessment is 220 per cent of the partnered rate of the Centrelink allowance plus an additional amount for each child.

Paying parent exempt income with one or more dependent children
2008	$25,689 PLUS an additional amount for each child
2007	$24,464 PLUS an additional amount for each child
2006	$23,349 PLUS an additional amount for each child
2005	$22,480 PLUS an additional amount for each child
2004	$21,622 PLUS an additional amount for each child

Additional amount for each child

Year	Aged under 13	Between 13 and 15	Aged 16 and over
2008	$2,570	$3,705	$5,838
2007	$2,489	$3,504	$5,560
2006	$2,424	$3,380	$5,307
2005	$2,362	$3,296	$5,109
2004	$2,307	$3,219	$4,914

A relevant dependant child may be the paying parent's natural or adopted child. If a court order states they must pay maintenance for a stepchild, and the child now lives with them, this child may also be a relevant dependant.

What if the other parent and I don't agree on care?

CSA will collect information to determine the level of care applicable. This may include statements, diaries, receipts or other evidence. CSA does not generally speak to the children involved.

We strongly suggest that you keep records of your care arrangements such as a diary or calendar.

If you disagree with CSA's decision you can lodge an objection within 28 days of when you are notified of the decision.

What are the different levels of care?

More information about levels of care is available in The Guide.