Integrated care – Complex care 277-03060050
Expand allWA ex-nuptial child support cases must be managed under the legislation that was in place prior to the amendments effective 23 May 2018 and 1 July 2018, see Disputed care before 1 July 2018 (15 May 2019 for WA ex-nuptial cases).
Template
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Incarcerated Customer Appointment Email template
Potential ACSC – PSM review template
ACSC Referral and Decision template - Consideration of Actual Care in Special Circumstances
ART/ARO Decision Implementation template
Interim Periods
Court orders - Reasonable action taken/not taken by the parent/carer with increased care
Table 1: this table outlines the interim periods associated with court orders.
Parenting plan or written care agreement - Reasonable action taken/not taken by the parent/carer with increased care
Table 2: this table outlines the interim periods associated with parenting plans or written care agreements.
Examples - Disputed care
Table 3: this table provide examples to assist in dealing with disputed care.
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Item |
Example |
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1 |
Court order – first care decision for child, reasonable action being taken Jim and Keith have a court order made on 2 May 2021 providing them with 50% care each of their child, Fran. They had been following the court order since it started. Neither customer registers for a child support assessment at the time that the court order is made. On 15 September 2023, Jim applies for a child support assessment for Fran. Jim advises Fran has been living with him full time from 1 August 2023. When Services Australia contacts Keith, Keith advises he:
Services Australia makes a decision to apply an interim period in the assessment:
The assessment recognises 50% care each for Jim and Keith for the interim period. The interim period may last up to 26 weeks from 1 August 2023, depending on whether Jim takes reasonable action to participate in family dispute resolution. |
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2 |
Parenting plan – not first care decision for child, reasonable action being taken Beverley advises that a court-registered parenting plan, made 2 years ago, is in place stating that the child is to spend alternate weeks with the parents. However, the child, Tim, aged 4, was supposed to have been returned on the weekend by the other parent Jim. Services Australia has a copy of the parenting plan as this was used to calculate the care percentage for their FTB rate. Beverley will be seeking legal advice, so will be regarded as taking reasonable action to have the parenting plan enforced. Jim will not participate in accredited Family Dispute Resolution, which means Jim is not taking ‘reasonable action’. In this case, if the care changed
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3 |
Court order – not first care decision for child, reasonable action being taken Bill and Haley have a court order, made on 1 September 2018, providing them with 50% care each of their child, Lauren. Bill and Haley have had a child support case for Lauren since 15 February 2019. Bill and Haley have been following the care percentages provided for in the court order. On 31 March 2024, Haley refuses to return Lauren to Bill's care and contacts Services Australia to advise Lauran is in Haleys’ 100% care. When Services Australia contacts Bill, Bill agrees care has changed as described by Haley but disputes the change in care and is seeking legal advice about options to have the written care arrangement complied with. As the change of care day was after 29 March 2024, an interim care determination can be made. |
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4 |
Parenting plan – not first care decision for child, no reasonable action being taken Matthew has 70% care of Alice and Fran has 30% care of Alice, according to their parenting plan. On 1 October, Matthew moves house with Alice and Fran, whilst not agreeing with the deviation from the written care arrangement, does not take reasonable action to have care in accordance with the plan or to seek a new plan. Matthew notifies Child Support of the change on 5 November. Child Support makes a decision based on actual care (100% to Matthew with an effective date of 5 November and 0% to Fran from 1 October) |
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5 |
Court order – not first care decision for child, agreement to deviation withdrawn and new actual care arrangement applies reasonable action being taken Tyler and Taylor initially complied with 50/50 court ordered care for John made on 01/02/2024. They agreed to a change of care to 80% to Tyler and 20% to Taylor from 01/06/2024 while Taylor was moving house to a nearby suburb and settling into a new job. Tyler contacts Child Support on 02/06/2024 to advise of the change in care arrangements. When contacted, Taylor confirms they have 20% care and Tyler has 80% care of John from 01/06/2024. On 01/08/2024, Taylor advised Tyler they have settled into their new living/working arrangements and would like to return to the written care arrangement from 07/08/2024. Initially both parties negotiate about the best date to return to court ordered care arrangement, but on 21/08/2024 Tyler states that they will not agree to returning to that arrangement and have decided to keep John 100% of the time. Taylor contacts Services Australia on 22/08/2024 to advise, Tyler is withholding care of John contrary to court orders from 21/08/2024. As the court order has not ended or been replaced by a subsequent arrangement, a disputed care determination must be considered, despite the orders not being followed immediately before the reported care change. It is likely that a disputed care decision is needed from 21/08/2024 when the actual care percentages changed from 80% to Tyler and 20% to Taylor to 100% care to Tyler. |
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6 |
Court order – not being followed directly before care change (no specific reason), action not reasonable in individual circumstances On 1 January 2019, a court order was made which provided both Joe and Taylor 50% care of Sam. Neither parent notified Child Support of a care change and actual care for Sam of 70% for Taylor and 30% for Joe continues to apply in their assessment. On 1 September 2024, Taylor refused to allow Sam to return to Joe’s care. Taylor contacted Child Support on 1 September 2024 to claim 100% care of Sam. Joe and Taylor confirm they have never followed the court order. Joe agrees that Taylor has 100% actual care of Sam from 1 September 2024. Joe advised the attempts to speak to Taylor about Sam’s care as provided in the court order are not possible due to their difficult relationship. As Joe has stated communication directly with Taylor is difficult and the only action Joe is taking to regain care is ‘attempting to speak to Taylor’ child support cannot be satisfied the action taken by Joe is ‘reasonable.’ It is not appropriate to make an interim care determination. This is because, considering the parties’ communication history and the extended period of not following the court order, Joe is not considered to be making a genuine attempt to take reasonable action in the circumstances of the case. Actual care will apply from 1 September 2024 – Taylor to have 100% care of Sam |
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7 |
Court order – not being followed directly before care change (no specific reason), action is reasonable in individual circumstances On 1 January 2019, a court order was made which provided both Joe and Taylor 50% care of Sam. Neither parent notifies Child Support of a care change and actual care for Sam of 70% for Taylor and 30% for Joe continues to apply in their assessment. On 1 September 2024, Taylor refused to allow Sam to return to Joe’s care. Taylor contacted Child Support on 1 September 2024 to claim 100% care of Sam. Joe and Taylor confirm they have never followed the court order. Joe agrees, Taylor has 100% actual care of Sam from 1 September 2024 and advises of an appointment made for mediation about the care. Although their communication has sometimes been strained in the past, Joe has started speaking with Taylor about having care of Sam as provided by the court order. As Joe is taking significant steps to have care of Sam in line with the court order, even though the order had not been followed for some time, Joe is considered to be making a genuine attempt to take reasonable action to have the court order complied with, and therefore an interim care determination should be considered. Services Australia makes a decision to apply an interim period in the assessment from 1 September 2024. The assessment recognises 50% care each for Joe and Taylor. The interim period may last up to 26 weeks from 1 September 2024, depending on whether Taylor takes reasonable action to participate in family dispute resolution. Actual care will apply from 3 March 2025 – Taylor to have 100% care of Sam. |
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8 |
Court order – not being followed directly before care change due to specific reason, action is reasonable in individual circumstances Brian and Jane have a court order, made on 1 January 2019, providing each of them with 50% care of their child, Fiona. Initially, Brian and Jane followed the care percentages provided for in the court order. On 1 April 2022 they agreed to deviate from the court order due to a change to Brian’s work pattern. They informed Services Australia, and a decision was made to reflect the actual care of 65% care to Jane and 35% care for Brian. On 1 August 2024, Brian advised Jane their circumstances were more settled, and they requested a resumption of the 50/50 care arrangement. On 1 September 2024, Jane refused to allow Fiona to return to Brian’s care. Jane contacted Child Support on 1 September 2024 to claim 100% care of Fiona. When Services Australia contacted Brian, Brian advises there is a court order in force and can provide evidence of attempts to negotiate the care with Jane. Brian believes this action is reasonable considering emails sent to Jane stating they intended to return to the care levels provided under the court order once their work pattern was more settled. Services Australia makes a decision to apply an interim period in the assessment from 1 September 2024. The assessment recognises 50% care each for Brian and Jane. This is because, in circumstances where the deviation from the court ordered care had been agreed and was due to a particular reason that had now been resolved, Brian is considered to be making a genuine attempt to have the court ordered care complied with. Therefore, in the circumstances of the case, Brian is considered to be taking reasonable action. The interim period may last up to 26 weeks from 1 September 2024, depending on whether Jane takes reasonable action to participate in family dispute resolution. Actual care will apply from 3 March 2025 – Jane to have 100% care of Fiona. |
Examples - Creating interim period in Cuba for new written care arrangement not previously notified
Table 4
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Item |
Example |
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1 |
Creating an interim period when written arrangement was initially followed Payee notifies change in care for claimed for child on 1/06/2024. Parenting orders with 50/50 care each to Payer and Payee were made on 1/02/2022 and were being followed. From 15/05/2024 Payee is withholding care as the child is refusing to go to the Payer. Payer is seeking recovery action. An interim care decision is made from 15/5/2024.
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2 |
Creating an interim period when care is withheld from the start date of the care arrangement Parenting orders apply from 1/06/2024- 50/50 care to payer and payee. Care was withheld from 1/06/2024- Actual care is 100% to payee from 1/06/2024. Payer is taking reasonable action to have care as per the parenting orders. A decision is made to apply an interim period from 1/06/2024 because that is the date the changes to actual care occured. The new parenting orders also need to be recorded from 1/06/2024. Cuba will not accept 2 care records with the same DOE, the following workaround is to be applied
Now the previous care will apply to 31/05/2024 and the interim period as per the new parenting orders will apply from 1/06/2024. |
Examples – Date of effect of Interim Care Decision
Table 5
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Item |
Example |
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1 |
Date of Effect of interim care decisions A parenting plan (40 weeks old) is applying in the assessment. Care as per the arrangement is 100% to Josephine. Care is withheld by Joseph from 01/04/2024, change in care is notified on 1/06/2024. Josephine is negotiating with Joseph to have care return to the written care arrangement level. Joseph, the carer with increased care, is not participating in an accredited Family Dispute Resolution process. An interim care decision is made. Maximum Interim Period will apply. This means the interim period will apply for 14 weeks from 01/04/2024 to 07/07/2024 - 100% care to Josephine as per the care arrangement. Actual care will apply from 08/07/2024 – 100% care to Joseph As reverse case management is needed, while coding the decision, create an INTERIM CARE REVIEW intray with an effective date of 08/07/2024 to prompt future action. |
Example - Interim Care Review Intrays
Table 6
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Item |
Example |
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1 |
When roles reverse after a future interim care period ends An interim care decision is made on 1 July 2024. The decision is to apply an interim period for 26 weeks from 1 April 2024 to 6 October 2024. When the interim period ends on 6 October 2024, the roles will reverse, and a reverse case should start from 7 October 2024. Cuba will not automatically create a reverse case with a future start date. Service Officers will:
The intray will automatically route to a Complex Care holding position. If there are no other outstanding issues, the customer can be unlocked. After the 7 October 2024, a Complex Care Service Officer will:
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