WA ex-nuptial child support cases - Terminating events (Stage 2) notified before 15 May 2019 277-18062611

Deceased customer

If notification is received that a customer (parents or child) of a case has died, this will give rise to a terminating event. See Deceased Child Support customer management.

Child is deceased

When a child of the assessment dies this is a terminating event for that child. It is not a terminating event if a child who is a relevant dependent dies, however, this must still be reflected in Cuba.

If the child becomes a member of a couple, that is, marries or lives with a partner on a genuine domestic basis, this will be a terminating event for the child.

Adoption legally terminates the relationship between the child and its birth parent/parents and replaces this with a new relationship with the adoptive parents. A court order must be sighted to establish there has been a formal adoption. This is a terminating event for the child in relation to the birth parent/parents.

If a child turns 18, Cuba automatically ends the assessment for that child as this is a terminating event for the child. Some assessments can be extended beyond the age of 18. See Eighteen year old children extending a child support assessment.

The most significant factor in determining whether a terminating event has occurred due to emigration of an Australian citizen will be their residency status in their new home country. A residency determination may be required. For more detail, see Residency decisions for Child Support customers.

A terminating event has occurred if a liable parent ceases to be a resident of Australia and is not a resident of an international reciprocating jurisdiction. A person is regarded as a resident of Australia on a day if on that day, the person is a resident of Australia for the purposes of the Income Tax Assessment Act 1936. See Child Support Guide 1.6: Residence or Residency decisions for Child Support customers for more detail.

Note: the ATO does not need to have made a decision about a customer’s residency status and if they have reached a decision it does not necessarily mean Child Support will make the same decision.

A terminating event will occur if both the payer and payee cease to be residents of Australia. A terminating event will occur even if both the payer and payee reside in a reciprocating jurisdiction. See Child Support Guide 2.10.3: Terminating events or Residency decisions for Child Support customers for more detail.

Note: although most terminating events take effect from the date of the event, a care change where the customer’s level of care drops below 35% is generally actioned as a change of care rather than a terminating event. This means the date of effect will usually be the date of notification. A care change can only be a terminating event if the child leaves both parents’ care. See Child Support Guide 2.10.3: Terminating events for more information.

A third party is also not an eligible carer if the parent or legal guardian has indicated they do not consent to the carer providing care unless it would be unreasonable for the parent or legal guardian to provide care themselves. See Child Support Guide 2.1.1: Applications for assessment.

A terminating event also occurs if a child is no longer an eligible child because they are subject to a child welfare law of South Australia or Western Australia (Section 6 of the Child Support (Assessment) Regulations 2018).

Note: a child subject to a child welfare law of New South Wales, Queensland, Victoria, Tasmania, Australian Capital Territory or Northern Territory is unaffected by this rule.