The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

1.1.C.20 Child support (FTB)

Summary

The following terms are all associated with child support (and the broader term maintenance). Some of these terms may also be defined elsewhere in the Guide.

Definition: child support

Child support means financial support under the Child Support (Assessment) Act 1989 and includes financial support:

  • by way of lump sum payment, or
  • by way of transfer or settlement of property.

Definition: non-cash child support

For the purposes of FTB, non-cash child support (also known as non-cash maintenance) includes benefits to a person or their child. This includes non-cash housing received in relation to the provision of a residence that is, or is to be, the person's principal home, for the maintenance of either, and received from:

  • a parent of the child, or
  • the partner (1.1.P.30) or former partner of a parent of the child.

Non-cash child support includes non-cash support, or payments made to a third party.

Example: Components that may form non-cash child support include:

  • food
  • clothing
  • household items and repairs
  • mortgage payments, rent and free lodging
  • health insurance and medical expenses
  • loan, credit card and store account repayments
  • child care fees
  • general education expenses, including school and tuition fees
  • sporting club costs including fees, equipment, related travel and accommodation
  • travel or holiday expenses
  • utility bills, such as electricity, gas, telephone and heating
  • rates, such as council, water and sewerage, and
  • motor vehicle expenses.

Policy reference: FA Guide 1.1.M.10 Maintenance (FTB)

Definition: capitalised maintenance income

Capitalised maintenance income, in relation to an individual, means maintenance income of the individual:

  • that is neither a periodic amount nor a benefit provided on a periodic basis, and
  • the amount or value of which exceeds $1,500.

Act reference: FAAct section 3(1)-'capitalised maintenance income', Schedule 1 clause 20B Working out amounts of child maintenance using notional assessments, Schedule 1 clause 20C Working out amounts of child maintenance in relation to lump sum payments

Definition: maintenance

Maintenance includes child support.

Act reference: FAAct section 3(1)-'maintenance'

Definition: maintenance action

For the purposes of FTB, maintenance action is the action required to obtain child support from a payer (1.1.P.72).

Definition: maintenance action exemption

For the purposes of FTB, a maintenance action exemption occurs when a decision is made by Centrelink that an individual does not have to take action to get child support from a payer.

Definition: maintenance income

Maintenance income, in relation to an individual, means:

  • child maintenance - that is, the amount of a payment or the value of a benefit that is received by the individual for the maintenance of an FTB child of the individual and is received from

    • a parent of the child, or
    • the partner or former partner of a parent of the child
  • partner maintenance - that is, the amount of a payment or the value of a benefit that is received by the individual for the individual's own maintenance and is received from the individual's partner or former partner, or
  • direct child maintenance - that is, the amount of a payment or the value of a benefit that is received by an FTB child of the individual for the child's own maintenance and is received from
    • a parent of the child, or
    • the partner or former partner of a parent of the child

but does not include disability expenses maintenance.

Act reference: FAAct section 3(1)-'maintenance income'

Definition: partner maintenance (spousal maintenance)

Partner maintenance is included in the definition of maintenance income. It is defined as the amount of a payment or the value of a benefit that is received by the individual for the individual's own maintenance and is received from the individual's partner or former partner.

Act reference: FAAct section 3(1)-'maintenance income'

Definition: private collection

For the purposes of FTB, private collection refers to child support that is not registered for collection by Child Support.

Policy reference: FA Guide 3.1.6.70 Child support collection

Last reviewed: