WA Child Support Ex-nuptial cases 277-03180000

The child support scheme is a Commonwealth legislative scheme. The Commonwealth of Australia Constitution Act gives the Commonwealth Parliament power to make laws about marriage and children of those marriages.

WA was the only Australian state that did not refer its power to the Commonwealth to make laws about children whose parents are not married, until the introduction of the CS (CP) Act on 15 May 2019.

Before referring their powers to the Commonwealth, the WA Parliament had to enact laws adopting changes to Commonwealth child support legislation, including amendments. However, this did not occur at the same time as the Commonwealth laws commenced in the rest of Australia. The Registrar had to make different arrangements for child support cases that involve WA ex-nuptial children (WA ex-nuptial cases).

References has a link to the Child Support Guide 1.4: Western Australia and the child support scheme.

Note: Christmas and Cocos (Keeling) Islands are not part of WA, being external territories.

Before 15 May 2019, a WA ex-nuptial case existed where:

• the parents were not married (and did not subsequently marry), and
• the child and carer were residing in Western Australia

Since 15 May 2019, WA ex-nuptial customers are treated in the same way as all other customers.

The system was enhanced on 18 June 2022 to automatically treat WA ex-nuptial customers correctly prospectively where:

• Child Support Periods (CS Periods) are automatically raised on or after 18 June 2022
• new cases are registered, or cases are restarted, with a start date of liability (SDOL) on or after 18 June 2022

As this enhancement was prospective, workarounds continue to be required for cases with WA ex-nuptial CS Periods where:

• care is notified outside of 28 days - late notified care change
• disputed care - possible interim period - is notified
• an amended tax assessment is lodged
• a payee is entitled to child support under an agreement. The care they have of the child in the agreement falls below 35%