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Determining if a payment is child support/maintenance income for Family Tax Benefit (FTB) 277-51080010



This page contains the process for Service Officers to follow to determine if a payment or benefit received by a person is child support/ maintenance income for Family Tax Benefit (FTB).

Determine if a payment is child support income

Step

Action

1

FTB customer advises they, their partner or their FTB child received a payment, benefit, or asset + Read more ...

Is it provided as child support?

2

Is it provided by a parent of the child (or the parent's partner or former partner)? + Read more ...

3

Is it provided as partner (spousal) maintenance (for the support of the customer or partner)? + Read more ...

4

Is it provided by a former partner of the customer or partner? + Read more ...

5

Is it exempt maintenance income? + Read more ...

See exempt maintenance income.

6

Not maintenance income + Read more ...

If maintenance income arrears are received for a child who is no longer an FTB child or who does not attract more than base rate FTB Part A, go to Step 9.

If it is ordinary income of:

7

Customer's/ partner's income + Read more ...

Does the customer want to revise estimate of adjusted taxable income for FTB?

Procedure ends here.

8

Assessed as maintenance income + Read more ...

If the customer receives maintenance income and:

  • they have registered their case for collection by Child Support, refer the customer to Child Support if they receive child support directly from the paying parent. For contact details, see Child Support
  • they have chosen private collection, from 1 July 2012, unless the customer is eligible for an exemption (i.e. due to family and domestic violence), the customer will be deemed to receive their full child support entitlement for Maintenance Income Test (MIT) purposes, regardless of whether or not they are actually receiving more or less than their entitlement
  • Manual assessment and coding is only required in the following situations:
    • the customer has a partial exemption in place and they are privately collecting less than their current child support assessment amount, or more than the amount they previously advised they were able to receive
    • the customer privately collects spousal maintenance in addition to their current child support entitlement
    • the customer transfers from private collect to Child Support collect and asks Child Support to collect arrears owed from the private collect period
    • the customer privately collects more than their current child support assessment amount and the additional amount received relates to arrears owed from a private collect period prior to 1 July 2012. See Recording private maintenance income, or
    • they have received a lump sum payment, transfer of an asset or property settlement as maintenance income. See Capitalised maintenance income
  • it is part of a child support agreement accepted by Child Support, assessment is automatic from 1 July 2008. For agreements with a start date before 1 July 2008, any non-cash maintenance income may need to be manually coded by Child Support Unit (CSJ) staff. See Child support agreements in Maintenance Income Test (MIT) for Family Tax Benefit (FTB)

Procedure ends here.

9

Child support arrears received for a non FTB child or for a child who attracts no more than base rate FTB Part A is not treated as maintenance income + Read more ...

If the child is aged 18 and is a non-FTB child or attracts no more than base rate FTB Part A, the case should be referred to the Child Support Unit (CSU).

Look up local Processing Services details for: Child Support Unit

No assumption should be made that some of the arrears are for the child unless Child Support advises that arrears existed before the child left the case.

If the arrears only accumulated after the child left the case, the system has done the right thing by assuming that the arrears are only for children still in the case.