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.90 Post-separation income

Definition

Post-separation income is additional income a payee (1.1.P.30) or payer (1.1.P.40) has earned, derived or received in a pattern established after separation for up to 3 years after the parents last separated (1.1.S.30). In certain circumstances the parent (1.1.P.10) can apply to have the additional income excluded from their ATI (1.1.A.20) for child support (1.1.C.60) purposes.

Additional income may be excluded from a parent's ATI if the following requirements are met:

  • the parents must have lived together on a genuine domestic basis for at least 6 months
  • the last separation of the parents occurred before the application for administrative assessment (1.1.A.30) was made
  • the application is made within 3 years after the last separation of the parents
  • at the time of the application, the parents remain separated (1.1.S.30)
  • the income must have been earned, derived or received in accordance with a pattern of earnings that was established after separation with the other parent, and
  • the income must be of a kind it is reasonable to expect would not have been earned, derived, or received by the parent in the ordinary course of events

Act reference: CSA Act section 44 Post-separation costs

Policy reference: CS Guide 2.5.2 Exclusion of additional income earned post-separation

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