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Changes in care arrangements
A child support assessment is based on the care arrangements between the parents which is set by informal arrangement, parenting plan or court order. You should advise CSA as soon as the care arrangements change as this can affect the amount of child support payable.
Most changes can only take effect from the date that you notify CSA.
For information about how child support is calculated, see the child support formula.
What are the different levels of care?
Sole care - the main carer has the children more than 256 nights per year, with the paying parent having less than 109 nights per year.
Shared care - both carers have the children between 146-219 nights per year. Care does not have to be measured by the number of nights-daytime care can also be considered.
Divided care - this occurs where one child lives with one parent, and another child of the same relationship lives with the other parent. For example, Jill and Geoff are currently living with Mum while Peter is currently living with Dad.
Major care - the main carer has the children between 220-255 nights per year, with the paying parent having between 110-145 nights per year. If one parent has major care, the other parent has substantial care.
Substantial care - one carer has the children between 110-145 nights of the year, with the other parent having between 220-255 nights per year. Parents can agree to have their child support based on major care/substantial care, even if they have sole or shared care.
Top of pageMore information about care arrangements.
What happens if my levels of care change?
I have a child support assessment
If there has been a change in your care arrangements or a change in your children's living arrangements you may be able to have your assessment varied. The child support percentage used in the assessment may be reduced if both parents agree that:
- you now have substantial contact (110-145 nights) or
- both parents now share the care of the children equally.
If you think any changes in your care arrangements or your children's living arrangements may affect your assessment, contact CSA or complete the Child Support Maintenance Change form.
Example
Maria had sole care of Joe. Joe now spends 110-145 nights of the year with
his father, Tony. The child support assessment will be varied to show that
Maria has major care and Tony has substantial care. The amount of child support
Maria now receives will be reduced, because her care of Joe has reduced.
A court order for maintenance may not indicate or take into consideration the amount of care each parent has of the children. If care changes, you may need to have the court order amended to reflect the new circumstances. Please contact the Family Court of Australia for more information.
If you have a court order and CSA is collecting maintenance, collection can be stopped while the court order is being amended. This prevents a build up of debt or an overpayment. Only the other parent (the receiving parent) can ask CSA to stop collection, and then ask to recommence collection once the court order has been amended. Please contact CSA to discuss this.
If you have an agreement, either registered with the court or CSA, you can both agree to amend the amount payable for child support. However, if you or the other parent receives a Family Assistance Office payment at more than the base rate of Family Tax Benefit, and your agreement is registered with CSA, conditions apply. More about agreements. Please contact CSA to discuss your options.
I have a parenting plan and a child support assessment
A parenting plan is a court order that sets out the amount of care each parent has of their children. It can also address contact, residence, maintenance, or other specific issues. You can have a child support assessment and a registered parenting plan, if the plan:
- does not set out how much child support is to be paid or
-
sets out the amount but you are eligible to apply for a CSA assessment (if one
of your children was born on or after 1 October 1989 or you separated after
that date).
- If care varies from that set out in the parenting plan, and there is a reasonable excuse for the change, your child support assessment will be based on actual care.
- If care varies from that set out in the parenting plan, and there is no reasonable excuse for the change, your child support assessment will be based on the lesser of actual or lawful care.
What is the difference between actual and lawful care?
Reasonable excuses
- Both people agree to the contravention of the plan.
- The contravening person believed that his or her actions were necessary to protect the health and safety of a person at risk.
- The contravening person did not understand the obligations of the plan.
Example of actual versus lawful care
Anastasia has major care of Jelena, and Rurik has substantial care. They have
a registered parenting plan, which states that both parents have shared care.
They also have an assessment with child support, and want CSA to change the
care arrangements.
Anastasia has less care (shared) under the parenting plan, therefore the CSA assessment would show she has shared care. Rurik has less actual care (substantial), therefore the CSA assessment would reflect that he has substantial care. The total care does not have to add up to 100 per cent.
How will it affect my finances?
A change in care may mean an adjustment to your financial circumstances as your day-to-day expenses-such as food-may change according to the change in care you have of your children. Additionally, the amount of child support you pay could increase or decrease.
For more information on Care see care arrangements and levels of care.
