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.

4.2.3 Changes in care where an interim period applied

Context

Where a shorter interim period has ended, the care percentages are determined according to the actual care that is occurring. If there is a subsequent change to the actual care of the child before the end of the maximum interim period, the new actual care percentages may be reflected in the child support assessment. The Registrar may suspend the earlier determination of actual care that was made under section 51 of the CSA Act, and the new actual care percentages will take effect from the day the Registrar is notified or otherwise becomes aware of the change in care (CSA Act section 54FA). If the change in actual care occurred before the end of a shorter or later interim period, the new actual care percentages will be reflected in the child support assessment from the day after the shorter or later interim period ends. If there are further changes to actual care before the end of the maximum interim period, the date of effect of those changes are subject to the rules outlined in section 54F.

If a later interim period applies, the Registrar must revoke the suspension of the earlier actual care determination and the subsequent actual care determination. The revocation takes effect from the day before the person with increased care ceased to take reasonable action to participate in family dispute resolution (subsection 54FA(3)).

After the maximum interim period has ended, the Registrar must revoke the actual care determination (that is, the second percentage of care that corresponded with the actual care of the child) and make a new care determination under section 49 or section 50 of the CSA Act (subsection 54FA(4)).

However, if the Registrar made a subsequent actual care determination that applied after the shorter interim period ended, the subsequent actual care determination will continue to apply after the maximum interim period has ended, until a change in care occurs. See 4.1.5 for information about care determinations and changes in care that apply outside of the interim period provisions.

Where the change in care affects the person's care percentage but not their cost percentage (1.1.C.200), the Registrar has discretion to revoke the previous care determination. These provisions are outlined in sections 54H and 54HA.

Act reference: CSA Act section 53A Meaning of interim period, section 54C Days to which percentage of care applies if 2 percentages of care apply …, section 54FA Suspension of determination before the end of the maximum interim period …, section 54HA Suspension of determination of a responsible person’s percentage of care before the end of the maximum interim period

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