Notification of change in child support care levels 277-03040010

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Determine likely percentage of care table

Table 1: this table contains information to help determine the likely percentage of care.

Number of nights	Percentage of care	Level of care	Cost percentage
0 - 51	0 to less than 14%	Below regular care	0%
52 - 127	14% to less than 35%	Regular care	24%
128 - 175	35% to less than 48%	Shared care	25% plus 2% for each percentage point over 35%
176 - 189	48% - 52%	Shared care	50%
190 - 237	More than 52% to 65%	Shared care	51% plus 2% for each percentage point over 53%
238 - 313	More than 65% to 86%	Primary care	76%
314 - 365	More than 86% to 100%	Above primary care	100%

Examples - Multiple care changes notified at the same time

Table 2: this table describes examples of when a person delays in notifying Child Support or Centrelink of changes in care.

Item

Example

Marge and George have 1 child who is in George’s 100% care. On 1 July 2024, Marge notifies of 2 changes in care for the child that occurred the previous year:

1 August 2023, Marge started having 2 nights care per fortnight (14%), and
1 December 2023, Marge started having 4 nights care per fortnight (28%)

The care percentage for the first event (1 August 2023) is calculated over 12 months from that event date as though the second event had not occurred. That is, 2 nights per fortnight is 14% care (52 nights over 12 months). The care percentage for the second event (1 December 2023) is calculated over 12 months from that event date. That is, 4 nights per fortnight is 28% care (104 nights over 12 months).

As both decisions were notified outside of 28 days, both decreased care percentages apply from the date of event in child support assessments. The increased care percentage for the earlier event, whilst recorded, will not be used in the child support assessment and the increased care percentage that related to the later date of event is used in the assessment from the date of notification.

Record 2 care records, with the date of notification as 1 July 2024, and:

date of event 1 August 2023, George has 86% and Marge has 14%
date of event 1 December 2023, George has 72% and Marge has 28%

The care percentage used in the child support assessment will be:

Before the care change: George has 100% and Marge has 0%
Care change on 1 August 2023: George has 86% and Marge has 0%
Care change on 1 December 2023: George has 72% and Marge has 0%
Date of notification 1 July 2024: George has 72% and Marge has 28%

If George and/or Marge are, or become, Centrelink customers the care percentages will be used for each party from the actual date of event when assessing Centrelink payment eligibility.

Chris and Jo each have 50% care of their child John. On 5 September 2023, Chris contacts child support to advise:

On 12 August 2023 Chris’s care increased to 60% and Jo’s care decreased to 40%
On 31 August 2023 Chris’s care increased again to 75% and Jo’s care decreased to 25%

As both changes were notified within 28 days of the change occurring, the following will occur:

the first care period begins on 12 August 2023, being the first date of event. The care percentage is calculated as 60% for Chris and 40% for Jo. The care period is calculated as though it is going to run for a full 12 months, regardless of the second care change
the second care period begins on 31 August 2023, which is the second date of event. The care percentage is calculated as 75% for Chris and 25% for Jo
the child support assessment will be changed from 12 August 2023 to reflect 60% care for Chris and 40% care for Jo and amended again from 31 August 2023 to reflect 75% care for Chris and 25% for Jo. As both decisions were notified within 28 days, both changes affect the assessment from the respective dates of event
The customers’ Centrelink payments will be calculated using the same care percentages for the same periods

Care period 12 months and over

Table 3

Item

Example

Calculate care period longer than 12 months example

John and Karen have a parenting plan that provides John with care of their child, Laura, every Saturday night, Fathers' Day, and half of each of the school holiday periods except Christmas. John and Karen alternate care of Laura over Christmas such that Laura stays with John for all of the Christmas school holidays one year and then with Karen all of the Christmas school holidays the next year. Depending on which person has care of Laura during the Christmas school holidays, both John and Karen’s care percentage would change from one year to the next if 12 month care period was used. In this case, it would be appropriate to consider a care period of 24 months to properly account for the alternating pattern of care for the Christmas school holidays.

Care period shorter than 12 months

Table 4

Item

Example

Calculate care period shorter than 12 months example

Marcia and Eric have one child, Emerson. There is no care arrangement in place for Emerson. Until recently, Marcia had 100% care. Marcia’s circumstances have changed and Marcia is no longer able to care for Emerson full time. Marcia asks Eric if they could both look after Emerson until Marcia is able to resume caring responsibilities. Eric agreed but cannot commit permanently due to travel commitments for work.

Marcia and Eric come to an informal arrangement that Marcia will look after Emerson one night per week for the next 2 months, and then will increase care of Emerson by one night per week every 2 months until full time care is resumed.

Eric calls Child Support to advise of the new arrangement. As the parents have agreed on the specific arrangements to increase Marcia’s care in a staggered but foreseeable way over a definable period, it is appropriate to use a care period of 2 months for each of the periods Marcia is due to increase the care of Emerson. This will make sure the care percentage accurately reflects the care each person is providing during each 2 month period.

Care period shorter than 12 months - one-off block of 100% care

Table 5:

Item

Example

Calculate care period shorter than 12 months due to one-off block of 100% care example

Li and Mai have one child, Tung. Tung usually lives with Mai 100% of the time. Mai needs to go to hospital for 3 weeks for an operation and may require a further period of intensive rehabilitation and will not be able to care for Tung. Li will look after Tung during this time. The Registrar makes a one-off block of 100% care decision. When Tung returns to Mai's care, Mai contacts Services Australia and the Registrar makes a new care decision based on the ongoing care of each person.

It is important the ‘Block of 100% care’ indicator is selected when recording this change of care. This may be considered to be a temporary absence for some Centrelink benefits and payments, see Child leaves customer's care/custody.

Calculate care period shorter than 12 months due to one-off block of 100% care example

Li and Mai have one child, Tung. Tung usually lives with Mai 100% of the time. Mai needs to go to hospital for 3 weeks for an operation, and may require a further period of intensive rehabilitation and Mai will not be able to care for Tung. Li will look after Tung during this time. The Registrar makes a one-off block of 100% care decision. When Tung returns to Mai's care, Mai contacts Services Australia and the Registrar makes a new care decision based on the ongoing care of each person.

Applying special rounding rules examples

Table 6

Item

Example

Mahlee has 134 nights care per year. Mahlee's percentage of care is (134/365) x 100 = 36.71%. This is less than 50% and is rounded down to 36%.

Tristan has 231 nights care per year. Tristan’s percentage of care is (231/365) x 100 = 63.28%. This is greater than 50% and is rounded up to 64%.

Examples - Change of care date of effect

Determining Child Support date of effect for a change in care notified from 1 July 2018 (15 May 2019 for WA ex-nuptial children)

Table 7

Item	Example
1	Care change occurred on or after 1 July 2018 (or 15 May 2019 for WA ex-nuptial case children), and notified within 28 days Bob and Sue have one child called Jo who is in Bob’s 100% care. Bob and Sue agree to Jo spending more time with Sue. From 10 September, Jo begins spending 30% of their time in Sue’s care, the rest of the time is spent with Bob. Bob contacts us on 20 September 2018 to advise the care has changed. As child support was advised of the care change within 28 days Bob’s care in the assessment reduces to 70% and Sue's care in the assessment increases to 30% from 10 September.
2	Care change occurred on or after 1 July 2018, or notified on or after 15 May 2019 for WA ex-nuptial case children, and notified outside 28 days Fred and Sally have one child called Jack who is in Fred's 100% care. Fred and Sally agree to Jack spending more time with Sally. From 10 September, Jack begins spending 30% of their time in Sally’s care, the rest of the time is spent with Fred. Fred contacts us on 7 November 2018 to advise the care has changed. As child support was advised of the care change more than 28 days after the care changed Fred’s care in the assessment reduces to 70% from 10 September (date care percentage decreased), Sally's care in the assessment increases to 30% from 7 November (date of notification). If Fred and/or Sally are, or become, Centrelink customers the care percentages will be used for each party from the actual date of event when assessing Centrelink payment eligibility.
3	Care change occurred before 1 July 2018 and notified before 30 December 2018 (within the 'grace period') for non-WA ex-nuptial case children only Ross and Monica each have 50% care of their child James. A care change occurs on 15 June 2018, however we only become aware of this change on 15 September 2018. As the change in care occurred before 1 July 2018 and we became aware of the care change before 30 December 2018 (within 26 weeks 'grace period'), the new care percentages will take effect from 15 September 2018 (date of notification) for both parents, regardless of whether the percentage increased or decreased. If Ross and/or Monica are, or become, Centrelink customers the care percentages will be used for each party from the actual date of event when assessing Centrelink payment eligibility.
4	Care change occurred before 1 July 2018 and notified on or after 30 December 2018 for non-WA ex-nuptial case children Emily and Dave each have 50% care of their child Alex. On 15 June 2018 Emily’s care reduces to 40% and Dave’s care increases to 60%, Child Support becomes aware of this change on 1 February 2019. As the change in care occurred before 1 July 2018, and we became aware of care change on or after 30 December 2018 (outside the 26 weeks 'grace period'), Emily’s decreased percentage has effect from 15 June 2018 (date of care change), and Dave’s increased care percentage has effect from 1 February 2019 (date of notification). The care percentages will be used for each party from the actual date of event when assessing Centrelink payment eligibility.
5	Care change occurred after 30 December 2018 and notified outside of 28 days for non-WA ex-nuptial children The care in the child support assessment was 100% care to Sam and 0% care to Kerry. On 15 March 2019 Child Support was notified that a care change for the child occurred on 1 January 2019. Under the new care arrangement, each person has 50% care. The care period begins on 1 January 2019 for both Child Support and Centrelink. As the date of notification was more than 28 days after the date the care changed, the child support assessment is amended from both 1 January 2019 (to reflect the decreased care) and 15 March 2019 (to reflect the increased care). The amendment to FTB takes effect from the date the care changed (date of event) being 1 January 2019. The care percentage used in the assessment will be: Before the care change: Sam has 100% and Kerry has 0% Care change on 1 January 2019: Sam has 50% and Kerry has 0% Date of notification 15 March 2019: Sam has 50% and Kerry has 50% The care percentage used in Centrelink assessments will be: Before the care change: Sam has 100% and Kerry has 0% Care change on 1 January 2019: Sam has 50% and Kerry has 50% with date of notification of 15 March 2019

Determining Child Support date of effect for a change in care notified before 1 July 2018 (15 May 2019 for WA ex-nuptial customers)

Table 8:

Item	Scenarios and Examples
1	Scenario Child moves from 100% care of one parent to 100% care of the other parent. This is a change of care not a terminating event, as the child is in the care of a party to the assessment. The change will take effect from the date Child Support was notified of the change unless notified within 28 days of the change. Example Jill is Fran and Dave's child. Jill moved from Fran’s 100% care to Dave’s 100% care on 2 February 2016. Fran and Dave do not have a written care arrangement for Jill. Fran told Child Support of this change in care on 11 July 2016. This is a change in care and will take effect from 11 July 2016, the date of notification. The care percentages will be used for each party from the actual date of event when assessing Centrelink payment eligibility.
2	Scenario Child moves from 60% care of their parent to 100% care of grandparent. The grandparent was already a party to the assessment as previously had 40% care and had applied for child support. This is a change of care not a terminating event as the child is in the care of a party to the assessment. The change will take effect from the date Child Support was notified of the change unless notified within 28 days of the change. Example Child Tommy moved from Kate’s (parent) 60% care to Suzie’s (grandparent) 100% care on 3 March 2016. Before the change in care Tommy was in Suzie’s 40% care. Kate told Child Support of the care change on 19 April 2016. This is a change in care and will take effect from 19 April 2016, the date of notification. The care percentages will be used for each party from the actual date of event when assessing Centrelink payment eligibility.
3	Scenario Both parents equally share the care of one child (50% care each). The child then moves into 100% care of a relative, who is not a party to the current assessment. This is a terminating event for the current assessment as both parents cease to be eligible carers as their percentage of care has fallen to 0%. When a terminating event occurs, the assessment must change from the date of event even if notified after 28 days. Example Child Peter moves from the shared care (50% each) of parents Susan and Steven to non-parent carer Nicole’s 100% care on 19 December 2015. Steven advises Child Support of the care change on 29 March 2016. As Nicole was not a party to the assessment and both parents now have a care percentage of 0%, this is a terminating event. The terminating event takes effect from 19 December 2015, being the date of event. See Terminating events (Stage 2). If Nicole wishes to claim child support from the parents for Peter, a new application must be made. The care percentages will be used for each party from the actual date of event when assessing Centrelink payment eligibility.

Care suspension periods and care terminating events

Table 9

Item

Example

Suspension period, care change notified outside 28 days and within 26 weeks or less

Richard and Jenny have 2 children, Lee and Meg. Both are in Richard's 100% care. Richard and Jenny agree that Lee will live with Jenny 100% of the time from 10 September. Jenny contacts Child Support on 7 November 2018 to advise of a change in care.

As Jenny advised of the care changes more than 28 days after the date of event, Richard’s care percentage reduces to 0% from 10 September 2018 (date of event), Jenny's care percentage increases to 100% from 7 November 2018 (date of notification).

For the period 10 September to 6 November, the assessment for Lee is suspended. Meg is the only child assessed on the case during this period.

Whilst the assessment for Lee is suspended, the cost of child amount only reflects one child of Meg's age.

If Richard or Jenny had another child support case, the following will only reflect Meg:

multi-case child cost
multi-case allowance
multi-case cap

From 7 November Lee's parents will again be assessed for child support. A new child support application is not required.

The care percentages will be used for each party from the actual date of event when assessing Centrelink payment eligibility. As the period of suspension is within the 13 week ‘maintenance action’ grace period there will be no impact on FTB rates for Lee.

Care terminating event, care change notified outside 28 days and after 26 weeks

Kevin and Jodie have one child, Justin. Justin is in Jodie's 100% care. On 1 August 2023, a care change occurs, and Kevin now has 100% care of Justin. Child support is notified of the change in care on 8 March 2024. The care change will be recorded using date of notification 8 March 2024 and date of event 1 August 2023.

The care percentage used in the child support assessment after the care change is finalised will be:

Before the care change: Jodie has 100% and Kevin has 0%
Care change on 1 August 2023: Jodie has 0% and Kevin has 0%

As Jodie's care reduces below 35% from 1 August 2023 (date of event) and Kevin's increased percentage of care cannot be used in the assessment until 8 March 2024 (date of notification), a terminating event occurs on 1 August 2023 as neither person has a care percentage of 35% or more. A new application for child support is needed if either person wants to restart the case, and the case can only be restarted from the date an application is received from either Kevin or Jodie.

During the investigation of the change in care, Kevin applies to restart the case. Kevin makes the application on 10 March 2024. The owning Service Officer documents the request in the care window. After finalising the change in care, the Service Officer restarts the case from 10 March 2024, the date Kevin applied.

The care percentages will be used for each party from the actual date of event when assessing Centrelink payment eligibility and rate. If Kevin applies for Family Tax Benefit, they will be granted a 91 day grace period from the date of event of the care change to take reasonable maintenance action, during which they may be entitled to the full rate of FTB. At the end of 91 days, the rate of FTB will reduce to base rate due to no maintenance action being taken, and this cannot increase until Kevin applies for a new child support assessment. As the date of event of the care change is 1 August 2023, and Kevin did not apply to restart the case until 10 March 2024, Kevin's rate of FTB will be at the reduced rate between 31 October 2023 and 10 March 2024.