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.

Child Support Guide Updates - 2012

18 December 2012

Chapter Title Summary of update
2.5.3 Application to have the fixed annual rate of child support not used Updated to clarify the circumstances in which the fixed annual rate is intended to apply
4.3.2 Applications and orders about decisions under the Assessment Act Updated due to legislative amendment relating to the treatment of child support payments when a s107 declaration is made

6 December 2012

Chapter Title Summary of update
2.4.12 The minimum annual rate of child support Updated with 2013 minimum annual rate.

3 December 2012

Chapter Title Summary of update
2.4.2 Formula tables and values Updated with 2013 basic values including 2013 costs of children table and changes to MTAWE reference period.
2.4.4 Child support income Links inserted to chapter 2.4.2 about MTAWE reference period.
2.4.11 Fixed annual rate of child support for certain low income parents Updated with 2013 fixed annual rate.
2.4.12 The minimum annual rate of child support Updated with 2013 minimum annual rate.
3.4.3 CPI indexation for cost of living Updated with CPI figures including September 2012.
5.2.4 Employer obligations for collection from salary or wages Updated with 2013 weekly protected earnings amount.

2 November 2012

Chapter Title Summary of update
1.2.1 Amendments to the Registration and Collection Act Updated to include recent amendments
1.2.2 Amendments to the Assessment Act Updated to include recent amendments
2.3.2 When do child support periods start? Clarified the business rule regarding when a new child support period will start after an income tax assessment issues
2.4.4 Child support income Updated to clarify what needs to be considered when amending a parent's adjusted taxable income and prescribed circumstances exist
2.5.6 Estimates of income (before 1 July 2010) Updated heading to clarify that the information in this chapter relates to estimates before 1 July 2010
2.6.16 Reason 10 - responsibility of the parent to maintain a resident child Content added for consistency with other chapters that refer to the term 'member of a couple'
3.6.2 Registering overseas maintenance liabilities for collection Updated to clarify who can make an application directly to the Registrar
5.3.1 Non-agency payments Updated to clarify whether a payments is in respect of an enforceable maintenance liability, and to broaden the circumstances in which the Registrar may refuse to credit an amount

9 October 2012

Chapter Title Summary of update
2.1.2 Eligible child Updated to clarify when we may consider a child to be eligible despite an order having been made under a welfare law.
2.2.1 Basics of care New legislative reference added regarding recent amendments.
2.4.0 Formula assessment Link added to allow navigation to the Family Assistance / Child Support - Projected Estimate calculator on the website.
4.1.4 What is a valid objection? Link added to allow navigation to the Objecting to a Decision form on the website.
4.1.5 Extensions of time to lodge objections Updated to clarify the relative importance of prejudice to the other parent as one of several considerations.
4.1.6 Making a decision to allow or disallow an objection Updated to simplify information about who makes decisions on an objection. Updated to clarify the process when an Objections Officer sets aside a change of assessment decision and refers the application to a Senior Case Officer to make a new change of assessment decision.
5.2.2 Payer election to pay the department directly Added content regarding subsequent elections where the previous election was refused.
5.2.9 Collection from third parties Updated to clarify:
  • types of employer debts that cannot be recovered
  • to whom a section 72A notice may be issued, for example in respect to income protection insurance, property settlements, mortgage and loan accounts
5.6.1 Election to end collection Clarified the effect of an election to end collection with respect to private payments.

31 August 2012

Chapter Title Summary of update
  The Guide Home Updated instructions for navigating the Guide and providing Guide feedback.
2.5.5 Application to have an assessment continue past a child's 18th birthday Updated to clarify the application requirements where a child support agreement is in place.
2.10.2 Electing to end an assessment Updated to clarify the effect of accepting an election to end an assessment.
4.1.7 Effect of objection on original decision Updated information about when disbursements may be suspended.
4.2.6 Effect of SSAT review application on the original decision Updated information about when disbursements may be suspended.
4.3.6 Applications, appeals and court orders under the Registration and Collection Act Updated information about when disbursements may be suspended.
5.5.2 Entitlement to payment and disbursement cycle Disbursement information changed to reflect that collected payments will now be sent from the 8th day of the month instead of from the 3rd Wednesday.

10 August 2012

Chapter Title Summary of update
2.1.1 Applications for Assessment Updated to clarify the meaning of a 'relative.'
2.5.2 Additional income earned post separation Content removed to clarify that the Registrar is not prevented from reducing a parent's adjusted taxable income to an amount that is less than their pre-separation income.
2.5.4 Application to have the minimum annual rate of child support reduced to nil Detail added to clarify that the Registrar will investigate income information.
2.6.10 Reason 4 - income of the child Updated to reflect current payment rates considered to be significant income, and to clarify that these payment rates are only a guide.
4.3.3 Implementing court orders made under the child support legislation Content added to explain how notations may be treated as evidence.
5.1.5 Payment periods and payment of child support debts Updated to reflect the current issue date of Payer Account Statements.
5.2.11 Departure prohibition orders Updated to clarify how the Registrar will exercise discretion to revoke a DPO and to explain timeframes for DACs.
5.3.1 Non-agency payments Examples added to clarify when NAPs can be refused and more detail added regarding payments for motor vehicles and amounts payable for the payee's home.

12 July 2012

Chapter Title Summary of update
1.4.3 Application of the Assessment Act to WA ex-nuptial cases Updated to reflect legislative amendments regarding interim care determinations.
2.2.5 Percentage of care determined by the Registrar based on actual care Updated to reflect legislative amendments regarding interim care determinations.
2.2.8 Interim determinations after 1 July 2010 Updated to reflect legislative amendments regarding interim care determinations.
Updates to chapters from 12 July 2012 incorporate terminology that reflects the integration of Centrelink, Medicare, CSA and CRS Australia into the Department of Human Services.

10 April 2012

Chapter Title Summary of update
6.1.3 Authorisation to make decision on another's behalf The child support authorisation instrument has been updated to reflect changes to authorisations on releasing protected information to a person concerning a credible threat.

5 April 2012

Chapter Title Summary of update
4.2.5 The SSAT review process Example added to clarify what is 'a question of law'. Link added to external website for published SSAT decisions.
5.2.4 Employer obligations for collection from salary or wages Updated to reflect legislative amendments regarding offences.
6.8.1 Employer offences Updated to reflect legislative amendments regarding offences.
6.8.5 Offences in relation to Departure Prohibition Orders Updated to reflect legislative amendments regarding offences.
6.11.1 Compensation Updated example to clarify breach of duty.

9 March 2012

Chapter Title Summary of update
4.3.6 Applications, appeals and court orders under the Registration and Collection Act Updated to clarify the duration of a stay order.
5.1.5 Payment periods and payment of child support debts Examples updated to clarify due dates for payment and link inserted to Chapter 5.1.6
5.2.8 Tax Refund Intercepts Updated to clarify the refunded amounts that can be applied to debts.
5.4.5 Bankruptcy Updated the amount required for a creditors petition.
6.7.3 Proof of service Content added on service by electronic communication.

3 February 2012

Chapter Title Summary of update
2.2.1 Basics of care Updated to clarify the meaning of 'ongoing daily care.'
2.3.2 When do child support periods start? Updated examples.
2.4.4 Child support income Updated with further information on determining a parent's overseas income, reportable superannuation contributions, and net investment losses.
2.5.5 Application to have an assessment continue past a child's 18th birthday Information added on adult child maintenance orders.
2.6.3 A decision to refuse to change the assessment Updated to clarify process where applicant seeks to change the assessment for a period that is wholly more than eighteen months in the past.
2.6.4 Kinds of change of assessment decision Updated to clarify what happens if there is a terminating event after a change of assessment decision is made. Other parts of the chapter made clearer.
2.6.5 Change of assessment process (application from payer and payee) Updated to clarify the change of assessment process.
2.6.6 CSA-initiated change of assessment Updated to clarify the change of assessment process.
2.6.7 Reason 1 - high costs in enabling a parent to spend time with, or communicate with, a child Updated to make the calculation of high costs clearer.
2.6.12 Reason 6 - high costs of child care Content added on private child care providers.
2.6.14 Reason 8 - a parent's income, property, financial resources or earning capacity Updated to clarify treatment of undistributed profits, defence force reserves tax free allowances, reportable superannuation contributions and effect of government initiatives when assessing earning capacity.
2.6.17 Would a change be just and equitable Example updated on consideration of post separation income. Other parts of the chapter made clearer.
4.3.2 Applications and orders about decisions under the Assessment Act Updated to clarify timeframes for seeking 106A declarations, effect of a 106A declaration, parentage declarations and application for leave by CSA under section 111. Other parts of the chapter made clearer.
5.2.4 Employer obligations for collection from salary or wages Updated with 2012 protected earnings amount.
6.6.2 Gaining access to documents Updated to specify that FOI information is available on Department of Human Services website and that a parent can informally request a record of their telephone conversation with CSA.