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 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 you pay child support for other children.

What if I have another child who is in my care (a relevant dependant)?

A relevant dependant is your child, from a different relationship, who you are caring for. If you have 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
2005	$22,480 PLUS an additional amount for each child
2004	$21,622 PLUS an additional amount for each child
2003	$20,557 PLUS an additional amount for each child

Additional amount for each child
Under 13	$2,570
13 to 15	$3,705
16 and over	$5,838

You must contact CSA within 28 days of a child becoming your relevant dependant-within 28 days of the date of birth or date the child entered your care. CSA can only vary the assessment from the notification date.

A relevant dependant child may be your natural or adopted child. If a court order states you must pay maintenance for a stepchild, and the child now lives with you, this child may also be a relevant dependant. You should contact CSA if you have a court order like this.

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 d es 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.