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.

4.1.2 Care definitions for child support assessments

Context

Once a percentage of care (1.1.P.70) has been determined, there are 5 different terms that may be used to describe care (1.1.C.10) (see table below). These terms are not used to describe the ‘role’ of either parent (1.1.P.10).

TermDescriptionPercentage of careNumber of nights
Below regular care (1.1.B.20)The parent is not recognised as meeting any COTC (1.1.C.210) through care.0 to less than 14%0 to 51
Regular care (1.1.R.50)The parent is recognised as meeting 24% of their COTC through care.14% to less than 35%52 to 127
Shared care (1.1.S.40)The parent is recognised as contributing to the COTC through care. A parent with shared care can be entitled to receive child support (1.1.C.60), or be required to pay child support. A person who is not a parent, but who provides at least shared care of a child, can be eligible to receive child support as a non-parent carer.35% to 65%128 to 237
Primary care (1.1.P.100)The parent is recognised as meeting 76% of their COTC of the child through care. A parent with more than 65% care for a child will not be assessed to pay child support for that child.More than 65% to 86%238 to 313
Above primary care (1.1.A.10)The parent is recognised as meeting 100% of their COTC through care.More than 86% to 100%314 to 365

The care range for a child may influence other decisions.

For example:

  • prescribed non agency payments (7.5.2)
  • if a parent should pay the MAR (2.3.4) (1.1.M.20)
  • if a parent should pay the FAR (2.3.5) (1.1.F.10)
  • some applications for a change of assessment (1.1.C.50). In particular, the parent's percentage of care may impact upon the costs that can be claimed in an application under Reason 1 - high costs in enabling a parent to spend time with, or communicate with, a child (5.2.1).

Last reviewed: