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

Item

Example

1

Point of agreement - percentage of care

Nelly and Trent are the parents of child Ron. Ron lives mainly with Nelly. Trent has care of Ron every second Saturday night and some holiday care, totalling 42 nights or 11%.

Trent calls Child Support to advise that Ron’s care has changed. Trent expects that Ron will be in Trent’s own care for 2 nights per week during school terms and at least 3 nights per week during school holidays. This would be a care percentage of 31% (40 × 2 = 80 and 12 × 3 = 36, a total of 116 nights).

Nelly confirms the care has changed and that Ron is now spending more time with Trent. However, Nelly advises that Ron will be working and staying with Trent 2 nights per week during school terms and 2 nights every second week of the school holidays. This is a care percentage of 25% (40 × 2 = 80 and 6 × 2 = 12, a total of 92 nights).

As the new care pattern has only recently commenced, there is no established pattern of care for the school holidays. Both parents agree that Ron will spend at least 92 nights with Trent. Based on that 'point of agreement', Trent will have a care percentage of 25% and Nelly 75% for Ron.

Note: always perform the point of agreement test on the person who is gaining care by comparing their previous care percentage to their new care percentage working upwards. In the above example, the person gaining care is 'Trent'. Trent’s previous care percentage is 11%. Working upwards from 11%, this means the point of agreement is 25%. The net care decision would therefore be 25% care to Trent (and 75% care to Nelly).

Item

Example

1

Nelly advises that Ron has been in Nelly’s care 100% of the time since 13 July 2024. Other parent Trent has moved interstate. There is no written care arrangement in place.

Trent agrees that Ron’s care has changed. However:

• Trent states the care could not have changed on 13 July 2024. That was Trent's birthday weekend. Trent remembers caring for Ron for the entire weekend and returning Ron to Nelly’s house on Monday 15 July 2024
• Trent also claims plans were to take Ron overseas for 8 weeks during the 2024 Christmas holidays
• Trent advises that during the care period Ron is with Trent for 56 nights (15%)

Nelly is contacted again to discuss Trent’s claims. The Service Officer explains how Services Australia makes a decision about the amount of care to be used in their Child Support and Centrelink assessments and supports Nelly by investigating potential event dates. During the conversation:

• Nelly recalls that Ron was with Trent on their birthday weekend and confirms the care did change on Monday after the birthday weekend
• The Service officer asks further questions about the dates of the weekend, and Nelly advises that this was 13-14 July 2024, so the correct date of the care change is Monday, 15 July 2024
• Nelly also agrees that Trent is taking Ron overseas for 8 weeks over Christmas to see family
• Nelly explains that as the overseas trip was a one-off and not a permanent change, so this was not included in the original notification

As a result, the Service Officer is able to determine that the correct date of event of the care change is 15 July 2024 and the level of care would be measured over the whole care period. As both Nelly and Trent agree on the facts of the change in care, the Service Officer can make a care decision using the correct date of event and percentage of care as agreed by the customers.