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.P.70 Percentage of care

Definition

The percentage of care is used in the child support formula (1.1.C.110) to take into account the amount of time a parent (1.1.P.10) or non-parent carer is responsible for providing care for the child.

A parent's or non-parent carer's care percentage (1.1.C.20) is the percentage of care of the child the person is likely to have over the care period. A care period is generally a 12-month period, but may be shorter or longer than this in some circumstances.

A person's percentage of care for a child will generally be determined according to the actual care that they have of the child. The actual care may be reflected in care arrangements agreed upon by the parents, including non-parent carers. This agreement might take the form of a written agreement, parenting plan or court order in relation to a child's care.

In limited circumstances where care is disputed (4.2), a person's percentage of care for both child support (1.1.C.60) and FTB purposes may be determined according to a written agreement, parenting plan or court order for an interim period (4.2), rather than being based on actual care.

Act reference: CSA Act section 5(1)-‘percentage of care’, Part 5 Division 4—Percentage of care

Policy reference: CS Guide Part 4 Care, 1.1.C.20 Care percentage, 1.1.E.10 Eligible carer

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