Making a decision for a change in child support care 277-03040030

Policy

Child Support Guide 2.2.1: Basics of care

Child Support Guide 2.2.2: Care determinations and change in care

Child Support Guide 2.2.3: Below regular care determinations

Child Support Guide 2.2.4: Disputed care arrangements

Child Support Guide 2.2.5: Alignment of care between Child Support & FTB

Child Support Guide 2.2.6: Care determinations prior to 1 July 2010

Legislation

Links to the Federal Register of Legislation site go to a 'Series' page. Select the 'Latest' version.

Child Support (Assessment) Act 1989

• section 5, Interpretation - definitions
• change of care day
• family dispute resolution
• increased care of a child
• interim period
• maximum interim period
• takes reasonable action to participate in family dispute resolution
• section 48, Percentage of Care - simplified outline
• section 49, Determination of percentage of care - responsible person has had no pattern of care for a child
• section 50, Determination of percentage of care - responsible person has had a pattern of care for a child
• section 51, Percentage of care if action taken to ensure that a care arrangement in relation to a child is complied with
• section 53, Section 51 does not apply in certain circumstances
• section 53A, Meaning of interim period
• section 53B, When a person has increased care of a child
• section 54, When a person has reduced care of a child
• section 54A, Working out actual care, and extent of care, of a child
• section 54B, Days to which the percentage of care applies if section 51 did not apply etc. in relation to a responsible person
• section 54C, Days to which the percentage of care applies if 2 percentages of care apply under section 51 in relation to a responsible person
• section 54D, Rounding of a percentage of care
• section 54F, Determination must be revoked if there is a change to the responsible person’s cost percentage
• section 54FA, Suspension of determination before the end of the maximum interim period if there is a change to the responsible 2 person’s cost percentage
• section 54H, Registrar may revoke a determination of a responsible person’s percentage of care
• section 54HA, Suspension of determination of a responsible person’s percentage of care before the end of the maximum interim period
• section 54K, Percentages of care determined under the Family Assistance Act that apply for child support purposes
• section 150F, Care suspension period

The following sections of the Child Support (Assessment) Act 1989 (the Act) revoke the previous care percentage:

• section 54F, revokes existing care where the new care percentage will affect the cost percentage
• section 54G, revokes existing care in Below Regular care decisions. Defines Below Regular care retrospective powers
• section 54H, revokes existing care where the new care percentage will not affect the cost percentage

Note: Sections 54FA and 54HA suspend, rather than revoke, the previous actual care determination for the first change of care during the maximum interim period. Subsequent changes of care within the maximum interim period are subject to sections 54F and 54H.

All new care decisions are then made under one of the following two sections of the Act:

• section 49, the person’s care percentage is 0%

or

• section 50, the person’s care percentage is anything other than 0%, that is 1% - 100%

Interim care decisions are made under the following sections of the Act:

• section 51, the actual care differs from the care arrangement and the person with reduced care is taking reasonable action to ensure the care arrangement is complied with. Section 51 also applies to actual care in special circumstances where a customer is withholding care due to a substantial risk to the wellbeing of the child. Examples include:
• withholding essential medical care from the child
• substantially failing to comply with legal schooling requirement
• neglecting the child’s basic needs
• section 53, must also be considered when making an interim care decision. An interim care determination cannot be made if:
• the change in care is notified after the end of the maximum interim period,
• the care percentage decision made in relation to the care arrangement has been revoked That is the care arrangement does not apply, or
• a previous interim care determination has been made in respect of the care arrangement.
• section 53A, sets out when interim periods start and end, including when later interim periods begin if the person with increased care stops taking ‘reasonable action’.

Delegations and authorisations

Child Support Services, Delegations and Authorisations