I provide care for a child but I am not the parent – can I get child support?

The short answer:  It depends who you are and what your relationship is to the child you are caring for.

In order to be considered a non-parent carer a person must be:-

  1. a legal guardian of the child; or
  2. a family member of the child such as, a grandparent, step-parent, sibling, aunt, uncle, niece, nephew or cousin of the child.

Am I eligible to be considered a non-parent carer?

A person may be eligible as a non-parent carer to apply for child support if they meet all of the following conditions:-

  1. they care for a child at least 128 nights or more per year;
  2. they are not in a domestic relationship with either of the child’s parents; and
  3. they do not have joint care with either of the child’s parents.

If a person is eligible to receive child support as a non-parent carer, they must apply to receive child support from both of the child’s parents, unless circumstances arise such as:-

  1. one parent is not a resident of Australia;
  2. one parent has died; or
  3. there are other circumstances that make seeking child support from both parents difficult, i.e. if the identity of one parent is unknown by all parties.

We can help you?

If you think that you may be eligible to apply for a Child Support Assessment as a non-parent carer, you should make an appointment to obtain legal advice.

We encourage you to contact our office to make an appointment to obtain advice on 07 4963 2000 or via our online contact form.

Brittany McIntyre, Solicitor, Wallace & Wallace Lawyers Mackay

Brittany McIntyre
Law Clerk
Family Law

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