Eligibility and presumption of parentage (PoP) for a child support assessment 277-03010030

Parents can apply for a child support assessment for a child if they are not living with the other parent of the child on a genuine domestic basis.

References has a link to the Child Support Guide 2.1.1: Application for assessment.

An eligible carer is a person who has at least shared care of the child.

A person has shared care of a child if they have a care percentage of at least 35% for that child.

A non-parent carer can apply for an administrative assessment of child support for a child if they:

• are an eligible carer of the child
• are not living with either parent as the partner of that parent on a genuine domestic basis, and
• do not have care jointly with a parent of the child

If caring for the child under a child welfare law, the non-parent carer can apply if they are a relative of the child.

A non-parent carer can apply for:

• both parents to be assessed, or
• one parent only when the:
• other parent is not a resident of Australia or a reciprocating jurisdiction
• Registrar is satisfied that there are special circumstances, or
• other parent is deceased

A non-parent carer can apply for an assessment payable by the parents of the child if they have at least shared care.

They would not be an eligible carer if:

• they are not a legal guardian of a child, and
• the child's parent or legal guardian has said that they:
• do not consent to the person caring for the child, and
• it is not unreasonable for the parent or legal guardian to care for the child

Unreasonable for the parent or legal guardian to provide care

Consider Table 1, Step 3 in Application for assessment - non-parent carer. A referral to a social worker in Centrelink may be required to make a decision about specific cases.

It is unreasonable for a parent or guardian to care for the child if the Registrar is satisfied there:

• has been extreme family breakdown, or
• is serious risk to the child's physical or mental wellbeing within the home of the parent or legal guardian

A parent or non-parent carer may not apply for an assessment if they are living as the partner of the other parent, or a parent, of the child on a genuine domestic basis.

If the payee resides in Australia, either party can apply for an assessment if the payer is resident in a reciprocating jurisdiction on the day the application is made.

If the payee resides outside Australia, either parent can apply for an assessment if the payer resides in Australia and either:

• the payee is a resident of a reciprocating jurisdiction, (excluding New Zealand, see New Zealand 'In' case management - Registrations between Inland Revenue, New Zealand and Child Support), or
• the child in relation to whom the application is made:
• is present in Australia on the day the application is made, and/or
• is an Australian citizen or ordinarily resident in Australia on the day the application is made

A child is an eligible child if they:

• were born on or after 1 October 1989, or
• have parents who lived together and who separated on or after 1 October 1989, or
• have a brother or sister who was born to the same parents on or after 1 October 1989
• are not cared for under a child welfare law of Western Australia or South Australia
• are not a member of a couple
• meet the residence requirement

PoP requirements must be met for both parents for each child.

A person is considered a parent of a child if they:

• are the child’s natural mother or father and the child was born without using an artificial conception procedure or a surrogacy arrangement, or
• have adopted the child, or
• meet the requirements for a child born:
• using an artificial conception procedure, or
• in a surrogacy arrangement

If PoP requirements are met for one child but not for another:

• the application is accepted for the child for whom the presumption requirements are met
• the other child is recorded as ineligible. For help to process an ineligible child, see Table 1, Step 10 in Application for assessment - record a decision and finalise

Check if there has previously been an application for assessment for a child.

Is parentage already satisfied?

• review the previous application’s record
• is there a note stating a person is listed on a birth certificate as the child's parent?
• if there is doubt about the accuracy of the parentage information:
• give the parties an opportunity to comment on the information
• there is no requirement to make the same decision as in the previous application. See Table 8, Item 3

Before Cuba's introduction in March 2002 many cases did not record precise PoP details.

These cases were categorised as being proven on conversion when Cuba was introduced.

If the customer record indicates PoP was proven on conversion:

• search Cuba for documentation to identify the type of PoP originally used
• an example is a note stating 'BC sighted'

Able or unable to identify the PoP used previously

• If able to identify the PoP used, consider this information when making a decision about the new application
• If unable to identify the PoP used in a previous application, request further PoP information

Before July 2008, PoP was only required for payers. The case may reflect 'Proven on Conversion' for the payer. Information to satisfy PoP may not have been collected for the other parent.

If there is not enough information to satisfy parentage, gather more information.

If required seek help from a Service Support Officer (SSO).

Note: the Proven on Conversion field could not be manually selected before September 2010. If PoP was proven on conversion, the s106 declaration was used as a default recording method. Where there is no information to suggest a Section 106A order was made, treat these applications as explained above.

To be satisfied that a person is a natural parent of the child, one or more of the following are required:

• Parents married to each other at the time of the child’s birth, see Item 2
• Named as a parent in a register of births, see Item 3
• A court has found the person is the parent, see Item 4
• Statutory declaration or swears an affidavit, see Item 5
• Cohabitation - the person is a man, see Item 6

This satisfies PoP for both parents.

Verbal confirmation that:

• the mother gave birth to the child, and
• the child was born while the mother was married to the other parent, and
• these facts are undisputed

If the facts are disputed, consider other evidence such as:

• the relationship dates in external information, or
• a copy of the marriage certificate

Note: parents remain legally married until they are divorced - this is the date of the Decree Absolute. If conception occurred post separation, exercise caution. See Table 8, Item 3.

A register of births means a register of births in:

• Australia, or
• a reciprocating jurisdiction

This is satisfied by a:

• person's verbal assurance they are named as the child's parent:
• in a register of births, or
• on a birth certificate
• written assurance they are named as the child's parent:
• in a register of births, or
• on a birth certificate
• birth certificate showing the parent's name
• commemorative birth certificate (issued by a registry of births) showing the parent's name
• statutory declaration from one parent declaring that the other parent's name is on the birth certificate. If the other parent denied they are named on the birth certificate, do not rely on a statutory declaration
• relevant registry of births confirming the parent is named on the child's birth certificate

Resources has links to statutory declarations customers can use.

A court, either in Australia or a reciprocating jurisdiction, has:

• found that the person is the parent of the child, or
• made a finding that it could not have made if the person was not the parent. The finding has not been altered, set aside or reversed

Resources has examples.

The parent signs an instrument stating they are the parent of the child.

Examples are:

• a statutory declaration, or
• an affidavit

Resources has links to statutory declarations customers can use.

Child support can be satisfied a man is a child’s natural parent if he:

• cohabited with the child's mother at any time between 44 and 20 weeks prior to birth of the child. Use the Presumption of parentage (POP) tool to calculate the period 44 to 20 weeks before the child’s birth
• was married to the child's mother, they separate and resume cohabitation for 3 months or less. Then the child’s birth:
• is within 44 weeks after the last period of cohabitation, but
• after they divorced
• was married to the child's mother. The marriage was annulled and the child’s birth is within 44 weeks after the annulment

For information on obtaining cohabitation dates, see Table 8, Item 4.

This PoP requirement has changed several times since 1989.
See References for history of presumption of parentage legislative requirements before 22 July 1997.

To be satisfied that a person is an adopted parent, one or more of the circumstances in Item 2 must occur.

This is satisfied by a person speaking about themselves and providing:

• their verbal assurance, they are named as the child's parent
• written assurance, they are named as the child's parent
• copy of the adoption papers, showing the parent's name

To be satisfied that a person is the parent of a child born using artificial conception, one or more of the following are required:

• Parents married or de-facto at the time of the child’s conception, see Item 2
• Birth mother not in a relationship at the time of conception or partner did not consent, see Item 3

This satisfies PoP for both parents.

Verbal confirmation that:

• the mother gave birth to the child and
• the artificial conception occurred while the mother was
• married to, or
• in a de facto relationship with the other parent, and
• these facts are:
• undisputed, or
• verified by third party evidence. For example, a marriage certificate for marriage dates

It is presumed both parties have consented to the artificial conception procedure.

Prescribed laws of the Commonwealth, State or Territory provide for situations where the:

• birth mother was not in a relationship at the time of conception, or
• birth mother’s partner did not consent

If either of these situations occur, seek help from an SSO.

These cases must be referred to Program Advice via a Program Support Manager.

To be satisfied that a person is the parent of a child born using surrogacy, one or more of the following are required:

• Named as a parent in a surrogacy court order, see Item 2
• Statutory declaration or swears an affidavit, see Item 3
• Biological parent named on birth certificate, see Item 4

An Australian court has made a surrogacy order naming the parents. This is satisfied by a person referring to themselves providing:

• their verbal assurance they are named as the child's parent in a surrogacy order, or
• written assurance they are named as the child's parent in a surrogacy order, or
• copy of the surrogacy order, showing the parent's name

The parent signs an instrument stating they are the parent of the child, for example:

• a statutory declaration, or
• an affidavit

Resources has links to statutory declarations customers can use.

A biological parent, referring to themselves, satisfies PoP by providing one or more of the following:

• their verbal assurance they are named as the child's parent:
• in a register of births, or
• on a birth certificate
• written assurance they are named as the child's parent:
• in a register of births, or
• on a birth certificate
• birth certificate showing the parent's name
• commemorative birth certificate (issued by a registry of births) showing the parent's name
• statutory declaration from one parent declaring the other parent's name is on the birth certificate. If the other parent denied they are named on the birth certificate, do not rely on a statutory declaration
• relevant registry of births confirming the parent is named on the child's birth certificate

Resources has links to statutory declarations customers can use.

For the purposes of parentage, each of the reciprocating jurisdictions is a prescribed overseas jurisdiction.

Child support will accept:

• Birth Certificates, Court findings and instruments issued by reciprocating jurisdictions
• marriage dates (from any country)

This applies to all applications for assessment, not just those where one parent resides overseas.

If unable to obtain verbal PoP, advise the customer:

• to provide a copy of the original birth certificate.
  Note: the original certificate will not be returned to them
• if the birth certificate is not written in English, to provide a certified translation

If a certified translation of the birth certificate is not provided, see Translation of documents.

Statutory declarations made outside Australia must comply with either:

• Australian law, or
• the law of a reciprocating jurisdiction

For a statutory declaration made outside Australia to comply with Australian law, it must be witnessed by:

• an Australian Consular Officer, or
• an Australian Diplomatic Official

If one of the following declarations is received, consider if it meets PoP requirements:

• Australian statutory declaration made outside of Australia, or
• a foreign statutory declaration

If required seek help from an SSO.

Resources has links to statutory declarations customers can use.

Initial conversation with applicant

Ask the applicant for evidence during the initial conversation, if it is likely evidence will be needed.

Only request evidence where they indicate the other party:

• will dispute parentage, or
• may be difficult to contact

If a customer has previously provided evidence to Centrelink, view the documents in Customer First. They can be used to satisfy presumption of parentage.
See Centrelink-Child Support information exchange.

In all other situations do not ask for evidence during the initial conversation. Tell the applicant if evidence is required, Child Support will contact them.

Ask for evidence after the initial conversation

Only request evidence where no other information can to satisfy parentage.

Give the customer clear timeframes to provide the evidence.

Allowing the customer 7 business days:

• encourages them to supply information quickly and
• enables applications to be finalised efficiently

Explain the following to the customer:

• If they are unable to provide the evidence within 7 days they should call to discuss a new timeframe
• If they do not supply evidence, the application will be refused after 28 days from when the application was lodged
• If PoP is provided after 28 days they will need to re-apply. The administrative assessment will not be backdated, unless a s106A parentage order is obtained

Allow longer in some circumstances, including the following:

• The customer lives in a remote location or overseas
• An application has been made to register the child with Births, deaths and marriages (BDM). The other parent has signed the BDM application but no other form of PoP applies

Allow the customer time to respond. See Standard response times.

When speaking with the applicant it is not always clear if evidence is required. It often depends on whether the other parent confirms the information.

In these instances, let the customer know Child Support might contact them to provide evidence. Explain the 28 day timeframe for making these decisions.

Advise eligible customers to:

• create a Child Support online account and link to myGov
• submit any documentation using the upload documents option

For help see Operational Blueprint Child Support digital support products

• Child Support online accounts - Upload documents and view document upload history.

If the customer is a new and not yet eligible for Child Support online:

• offer them the webmaster email address. This enables the customer to quickly supply evidence
• advise the customer the webmaster is an unsecure method of communication

If the customer does not provide the requested evidence by the due date:

• check for delays involving mail handling, see Inbound correspondence processing timeframes on the Resources page of Correspondence received in Child Support
• contact the customer to confirm if evidence was sent

If evidence has not been sent, ask the customer to send it immediately.

Do not refuse an application for assessment under these circumstances:

• Before the 29^th day after the start date of the application, unless the customer indicates PoP will not be established
• Without checking for delays involving mail handling, see Inbound correspondence processing timeframes on the Resources page of Correspondence received in Child Support
• If the customer advises:
• evidence has been sent, or
• they are waiting on documentation from BDM

It is the responsibility of the customer to provide evidence to satisfy PoP.

If there is conflicting information, make a decision based on the details that appears more likely to be correct.

This may mean:

• choosing who is more likely to be a parent when there are multiple persons meeting meet PoP presumptions, or
• deciding Child Support cannot be satisfied that a particular person is a parent despite a PoP presumption having been met

Conflicting information can occur, including these scenarios:

• An alleged parent disputes the evidence relied upon. For example there is a disagreement with the cohabitation dates or an alleged parent disputes they are named on the birth certificate
• One of the parentage presumptions is satisfied but there is conflicting information to suggest the person cannot be the parent. For example the parties were married when the child was born, they are separated with no contact since before conception
• Presumption is satisfied with respect to multiple persons. For example one person has provided a statutory declaration acknowledging they are the child’s father but another person is named as the father on the birth certificate
• A statutory declaration is provided where a person acknowledges parentage but they or the applicant have stated the person is actually the step-parent

For help see Technical support Cuba Process Help.

Extraordinary circumstances

If concerned about the validity of a statutory declaration, source PoP evidence such as through BDM.

Contact the applicant to confirm their understanding of the form they signed.

If they believe the other parent is named on the birth certificate but they did not have a copy, request a birth certificate from BDM.

Note: if a non-parent carer is applying to receive child support and either parent disagrees with this, see Application for assessment - non-parent carer.

In deciding whether 2 persons cohabited at any time during the relevant period, the Registrar considers whether 2 persons are:

• living together rather than merely visiting or spending time together and
• engaging in a sexual relationship

Each case must be considered on its own merits to decide whether it is likely the person is a parent of the child.

If an application is based on cohabitation dates, contact the other parent to confirm the dates. See Contact with Child Support customers.

If the other parent cannot be contacted, send one of the following to a verified address:

• UQ1.03 - Pre-registration other party letter, or
• UQ1.01 - Cohabitation contact letter where cohabitation dates have been provided after the pre-registration letter is sent

Record the due date for both letters as 21 days from the date of issue.

Allow the customer time to respond.

Request the dates of cohabitation from the other parent.

If the dates meet the PoP cohabitation requirements, even if the dates supplied by the other parent do not match the dates supplied by the applicant, see

• Application for assessment - contact other party, or
• Application for assessment - online applications
• Application for assessment - phone

Find out more using the cohabitation questions if PoP is not satisfied by:

• the dates provided by the other parent, or
• the other parent denies cohabiting with the applicant

No response to cohabitation contact letter

If after 21 days there is no response from the other parent:

• check available resources for confirmation of the dates provided. For example Centrelink records
• use the Conversation Guide - discussing cohabitation if unable to confirm the information

Make the cohabitation decision

Document the responses to the cohabitation questions

• If necessary request evidence from either party
• If either party cannot provide evidence of their claims, a decision can still be made to accept their statements as being correct
• If it is decided none of the information is reliable, a decision can be made that parentage has not been satisfied based on cohabitation dates. If required seek help from an SSO

A person cannot object to a decision to accept or refuse an application for assessment on the basis of parentage.

If the application has been:

• accepted, they may apply for a declaration under section 107 of the Child Support (Assessment) Act 1989
• refused, they may apply for a declaration under section 106A of the Act

Declarations under section 106A and section 107 can only be made in a court with child support jurisdiction.

Some administrative errors in the decision making process for PoP can be corrected, see Correcting errors on child support cases.

Advise the applicant to either:

• Lodge a new application. This may or may not be accompanied by new PoP information, or
• Apply to a court for a section 106A declaration - a person should be assessed in respect of the costs of the child because they are the child’s parent

Customers may choose to seek legal advice to determine which option is best for them.

Note: a customer may lodge a new application and apply to the court for a section 106A declaration at the same time.

Section 106A applications

Must be lodged within 56 days of receiving the notice of refusal to accept an administrative assessment of child support.

If outside the 56 days, the customer can:

• apply to the court for an extension of time, or
• lodge a new application without new PoP. The application is likely to be refused, however the customer can:
• use the new refusal to apply for a section 106A declaration, and
• not apply for an extension of time

If there is more than one refused child support application, the applicant will need to decide which application to base their s106A application on.

Section106A declaration is made

Section 106A orders are managed by the Agreements and Court Orders team.
See Customer referral guidelines, Agreement or Court Order received or variation required.

For information about court orders for a section 106A declaration, see Court varied assessments (CVA) including lump sum orders.

The receipt of PoP does not activate an ineligible case. Phone the applicant. Ask if they want to re-apply.

Advise the customer if they apply online the start date of the assessment is:

• the date child support receives the application
• not the date of the phone call or the receipt date of the PoP

If Child Support refused the application in error, see Correcting errors on Child Support cases.

Ask the applicant to re-apply, in case the error cannot be corrected.

Advise the customer if they apply online the start date of the assessment is:

• the date child support receives the application
• not the date of the phone call, or the receipt date of the PoP