Child Support for Non-Parent Carers

Am I eligible to receive child support as a non-parent carer of a child?

Separated parents have a responsibility to financially support their children regardless of the circumstances of their separation or whether one or both parents spend time with their children.

Generally speaking, a parent who has the care of a child can apply to the Child Support Agency (CSA) for an assessment of child support provided that the child is an Australian citizen. Usually, this person is one of the child’s parents however, if a child lives with someone other than their parents (for example, the child’s grandparents or another family member), then a non-parent carer can apply for child support from one or both of the child’s biological parents.

If you are a non-parent carer of a child or children as a non-parent, then you can either come to a private agreement with the child’s parent/s as to the payment of child support or, if it is not possible to enter into a private agreement with the child’s parents, then you can apply to the CSA for a non-parent carer child support assessment if the following things apply:-

1. You care for a child for at least 128 nights a year (that is, at least 35% of the time); 
2. You are not in a domestic relationship with either of the child’s parents;
3. You do not have joint care of the child with a parent;
4. You are seeking payment from a parent of the child who is a resident of Australia or a place with reciprocating jurisdiction; and
5. The parents of the child consented to the non-parent’s care of the child (or you have a Court Order which provides for the child to live with you).

If you apply for a child support assessment, you must apply to receive child support from both parents, unless:-

• one parent doesn’t live in Australia;
• one parent has died; or
• there are special circumstances, for example, the identity of one parent is unknown.

How is child support calculated?

A standard child support assessment is calculated using the respective taxable incomes of a child’s parents. However, if a non-parent carer makes an application for a child support assessment, then the non-parent’s income is not considered and the assessment is based off the income of both of the child’s parents, and the amount of care that either of the parents have of the child.  This is to ensure that both parents are contributing towards the costs of raising their child/children. 

Is there government assistance available?

In addition to child support, a non-parent carer who has a child in their care for at least 35% of the time may also be eligible to apply for government family income support payments provided that the parents of the child do not reside in the same household. This includes Family Tax Benefit A & B and the Child Care Subsidy. 

We can help you?

If you have the care of a child or children, and you think that you would fit into one of the eligible person categories to apply for child support, then we strongly recommend that you obtain legal advice to discuss your options. Contact our office to make an appointment with one of our solicitors to discuss your circumstances and obtain advice on your situation on (07) 4963 2000 or through our online contact form below.