Who can apply for child support? 277-51020010

Is the payer a person liable to pay child support or spousal maintenance?

• Yes, go to Step 2
• No, customer is not entitled to claim child support from that person. Procedure ends here

Is child support action required in order for the customer to receive more than the base rate of FTB Part A under the Maintenance Action Test (MAT)?

In some cases, it is not applicable for a customer to take action to obtain child support. For example, where an exemption has been granted or if customer is a non-parent carer such as a grandparent, legal guardian or other family member.

• Yes, go to Step 3
• No,
• and they are a non-parent carer, go to Step 7
• for all other cases, go to Step 6

Is the child in the customer's actual care at least 35% of the time?

• Yes, go to Step 4
• No, customer is not eligible to apply for a child support assessment. Go to Step 6

Is the payer living in Australia or in a country that has a reciprocal agreement with Australia? (See Paying parent is overseas)

• Yes, go to Step 5
• No, Child Support is not able to assess child support or collect child support from that person. They are not able to enforce a court order for child support. Go to Step 6

• Yes, the customer can apply for a child support assessment to find out how much child support they are entitled to receive. They can ask Child Support to collect child support payments at the same time or by calling Child Support if they already have a child support assessment. Procedure ends here
• No, their current partner must apply if they are the child's parent. Otherwise, the customer may apply. See Helping customers apply for child support Procedure ends here

Customers can make a private arrangement to receive child support or seek a court order or court registered agreement.

Note: Child Support is only able to collect child support payments where the paying parent resides in Australia or in a country that has a reciprocal agreement with Australia (See Paying parent is overseas).

Any maintenance income the customer receives must be assessed.

If a customer provides care for a child and they are not the parent, they may be able to apply for Child Support from both of the child’s parents. Examples of non-parent carers include legal guardians, grandparents or other family members.

Non-parent carers should be made aware that there is no MAT requirement for FTB A purposes, however they still may wish to apply for an assessment. Although there is no MAT requirement, if child support is received, the Maintenance Income test (MIT) will apply.

Customers can apply for a non-parent carer child support assessment if they:

• care for a child 128 nights or more a year (35 per cent or more care), and
• are not considered to be a member of a couple with one of the child’s parents

If a non-parent carer decides to apply for an assessment they are required to apply for a child support assessment against both parents except if:

• one parent is not a resident of Australia or an overseas country Australia has a child support arrangement with
• one parent is deceased, or
• there are special circumstances - for example, the identity of one parent is unknown

Child Support will consider other requirements before deciding to accept an application including whether the person or people named in the application are legally the parents of the child. For more information, see the References page.

Child support is assessed on both parents’ incomes and the level of care that the customer (non-parent carer) and each parent has of the child. The non-parent carer’s own income is not taken into account.

Does the non-parent carer wish to apply for a child support assessment?

• Yes, refer to Applications for child support assessment through Centrelink for further details
• No, advise the customer that there will be no impact to their rate of FTB Part A as there is no requirement for them to take maintenance action against the parent