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.V.20 Voluntary maintenance

Definition

Voluntary maintenance is maintenance (1.1.M.10) that is paid by a person who does not have a maintenance liability (1.1.M.23). Any maintenance paid during the 13 week period of grace to take maintenance action is counted as maintenance income as part of the maintenance income test.

Example: Geoff and Rachael are separated and Rachael has care of their 3 children. Geoff agrees to pay Rachael $300 per fortnight voluntary maintenance until his liability is assessed by Child Support. In the absence of an assessed liability, the full amount Jeff pays is assessed under the maintenance income test. Once his liability has been assessed by Child Support, Geoff is required to pay the amount as assessed by Child Support.

Policy reference: FA Guide 3.1.5 Maintenance action test for FTB Part A, 3.1.5.30 Taking reasonable maintenance action, 3.1.6 Child support assessments & agreements, 3.1.7 Maintenance income test

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