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.

4.1.1 Basics of care

Context

This page outlines the factors the Registrar considers when determining care (1.1.C.10) for child support (1.1.C.60) purposes, and the types of care determinations that can be made.

On this page

Determining whether care exists

An object of the Child Support Scheme is 'that persons who provide ongoing daily care for children should be able to have the level of financial support to be provided for the children readily determined without the need to resort to court proceedings'. The CSA Act does not define the term 'ongoing daily care', however the Registrar will take into account a number of factors in determining whether a person cares for a child.

In most cases, it will be relatively clear whether and to what extent a person is caring for a child and care will generally be worked out based on the number of nights that the child is likely to be, or has been, in the care of the person during the care period. Where there is doubt, the Registrar will consider whichever of the following are relevant to the particular case, based on the extent to which the:

  • person has control of the child, including having overall responsibility for the child and making
    • major decisions relating to who the child spends time with, and the child's health, education, discipline, recreational and/or social activities, and
    • arrangements for others to meet the needs of the child (delegated care)
  • person meets the needs of the child by providing the child with accommodation, clothing, food, childcare, education, health care, emotional support, supervision, transport and extra-curricular activities
  • person pays for the costs of meeting the needs of, or otherwise provides financial support for, the child
  • child provides for his or her own needs or has those needs met from another source
  • child is financially independent or financially supported from another source.

Where parents are separated (1.1.S.30) but living in the same house, the Registrar will determine each parent's percentage of care (1.1.P.70) for a child based on the individual circumstances of the case and evidence available. Generally, where the parents contribute in a similar manner to the care of the child, they will be regarded as sharing equally in the care of the child. In this case, the Registrar will determine that each parent has a care percentage of 50%. This care percentage will remain in place until either parent is able to demonstrate that the actual care of the child is something other than equally shared.

Additionally, in limited circumstances, a person may have care of a child who is not living with them for a period of time. For example, a person can provide care for a child who is at boarding school, in hospital, or in separate accommodation. However, a person who simply supervises the child (for example, a baby sitter, a child minder such as a grandparent or a schoolteacher) does not provide care. Consideration is given to who has responsibility for making arrangements for, and decisions about, the child's welfare, as well as who is meeting the child's costs, rather than just the accommodation arrangements themselves. The Registrar will give weight to statements from both parents and any non-parent carers.

Act reference: CSA Act section 4 Objects of Act, section 54A Working out actual care, and extent of care, of a child

Types of care determinations

When determining a percentage of care, the Registrar can make the following types of determinations:

  • a determination of the percentage of the actual care that each parent provides
  • a determination, for an interim period (4.2), of a percentage of care based on a written agreement, parenting plan, or court order rather than on the actual care, in certain circumstances where care is disputed, or
  • a below regular care (1.1.B.20) determination (4.1.7), where a person's care falls below 14% despite the child being made available to the person.

The Registrar will usually determine a percentage of care based on the actual care that each parent or non-parent carer has of the child. The only circumstance in which the Registrar will not use actual care to determine the care percentage is in limited circumstances where a parent or non-parent carer is not complying with a written agreement, court order or parenting plan and an interim care determination is in effect (disputed care arrangement).

When the Registrar is notified or otherwise becomes aware that the care for a child has changed, the previous determination will be revoked. A new care determination will be made according to the circumstances. If the Secretary has made a care determination for FTB purposes in relation to the change, the Registrar will use that determination (4.3).

Act reference: CSA Act section 49 Determination of percentage of care …, 50 Determination of percentage of care …, 51 Percentage of care if …, 53A Meaning of interim period, 54C Days to which the percentage …, 54G Determination must be revoked if …

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