• Child Support Agency: The Guide
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• What's new?
• Part 1:About the scheme
  • 1.1 Background
    • 1.1.1 The child support scheme
    • 1.1.2 Historical perspective
    • 1.1.3 Child support legislation
  • 1.2 Legislative history
    • 1.2.1 Amendments to the Registration and Collection Act
    • 1.2.2 Amendments to the Assessment Act
  • 1.3 Objects of the scheme
    • 1.3.1 Objects of the Assessment Act
    • 1.3.2 Objects of the Registration and Collection Act
  • 1.4 Western Australia and the child support scheme
    • 1.4.1 Overview
    • 1.4.2 Application of the Registration and Collection Act to WA ex-nuptial cases
    • 1.4.3 Application of the Assessment Act to WA ex-nuptial cases
    • 1.4.4 Overseas-related Maintenance Obligations
  • 1.5 International Arrangements
    • 1.5.1 Australia's international maintenance arrangements
    • 1.5.2 International agreements and conventions
  • 1.6 Residence
    • 1.6.1 Australian residence parent or non-parent carer
    • 1.6.2 Residence and citizenship - child
    • 1.6.3 Resident of a reciprocating jurisdiction
    • 1.6.4 Habitual Residency under the Australia-New Zealand agreement
• Part 2:Child Support Assessments
  • 2.1 Applying for a Child Support Assessment
    • 2.1.1 Applications for assessment
    • 2.1.2 Eligible child
    • 2.1.3 Parentage
    • 2.1.4 Withdrawing an application
    • 2.1.5 Deciding to accept or refuse an application
    • 2.1.6 Notice of the decision
  • 2.2 Care
    • 2.2.1 Basics of care
    • 2.2.2 Determining care percentages
    • 2.2.3 When the care percentage used in an assessment may be changed
    • 2.2.4 Care percentage determined in accordance with an agreement, parenting plan or court order (prior to 1 July 2010)
    • 2.2.5 Percentage of care determined by CSA based on actual care
    • 2.2.6 Interim care determinations prior to 1 July 2010
    • 2.2.7 Below Regular Care Determination
    • 2.2.8 Interim care determinations from 1 July 2010
    • 2.2.9 Alignment of care between CSA and the Family Assistance office from 1 July 2010
  • 2.3 Child support periods
    • 2.3.1 What is a child support period?
    • 2.3.2 When do child support periods start?
    • 2.3.3 When do child support periods end?
    • 2.3.4 Child Support Years (Pre 1 July 1999)
  • 2.4 Formula assessment
    • 2.4.1 The Formulas
    • 2.4.2 Formula tables and values
    • 2.4.3 The steps involved in making a child support assessment
    • 2.4.4 Child support income
    • 2.4.5 Care, cost and child support percentages
    • 2.4.6 The costs of the child
    • 2.4.7 The basic formula - a single case assessment (Formula 1)
    • 2.4.8 Assessment (single case) with a non-parent carer (Formula 2)
    • 2.4.9 Assessments when a parent has multiple child support cases (Formulas 3 & 4)
    • 2.4.10 Assessments using the income of only one parent (Formulas 5 & 6)
    • 2.4.11 Fixed annual rate of child support for certain low income parents
    • 2.4.12 The minimum annual rate of child support
  • 2.5 Applications and elections to amend an assessment
    • 2.5.1 Income estimates for a year of income
    • 2.5.2 Additional income earned post separation
    • 2.5.3 Application to have the fixed annual rate of child support not used
    • 2.5.4 Application to have the minimum annual rate of child support reduced to nil
    • 2.5.5 Application to have an assessment continue past a child's 18th birthday
    • 2.5.6 Estimates of income (before 1 July 2010)
  • 2.6 Change of assessment in special circumstances
    • 2.6.1 When can CSA consider changing an assessment?
    • 2.6.2 What are the reasons for a change of assessment?
    • 2.6.3 A decision to refuse to change an assessment
    • 2.6.4 Kinds of change of assessment decisions
    • 2.6.5 Change of assessment process (application from payer or payee)
    • 2.6.6 CSA-initiated change of assessment
    • 2.6.7 Reason 1 - high costs in enabling a parent to spend time with, or communicate with, a child
    • 2.6.8 Reason 2 - the special needs of the child
    • 2.6.9 Reason 3 - high costs of caring for, educating or training the child in the manner expected by the parents
    • 2.6.10 Reason 4 - income of the child
    • 2.6.11 Reason 5 - money, goods or property received by the child, the payee or a third person
    • 2.6.12 Reason 6 - high costs of child care
    • 2.6.13 Reason 7 - necessary commitments of self-support
    • 2.6.14 Reason 8 - a parent's income, property, financial resources, or earning capacity
    • 2.6.15 Reason 9 - the duty to maintain any other child or another person
    • 2.6.16 Reason 10 - responsibility of the parent to maintain a resident child
    • 2.6.17 Would a change be just and equitable?
    • 2.6.18 Would a change be otherwise proper
  • 2.7 Agreements
    • 2.7.1 What is a child support agreement?
    • 2.7.2 Application for acceptance of a child support agreement
    • 2.7.3 Making a decision on an application
    • 2.7.4 Effect of a child support agreement once accepted by CSA (other than lump sum payment provisions)
    • 2.7.5 Changing or terminating a child support agreement
  • 2.8 Court variation to assessments
    • 2.8.1 Court orders that vary assessments
    • 2.8.2 Implementing court orders that vary assessments
  • 2.9 Making and amending child support assessments
    • 2.9.1 How an assessment is made
    • 2.9.2 Assessment notices
    • 2.9.3 When child support is due and payable
    • 2.9.4 Recovery of child support
    • 2.9.5 Amending assessments
  • 2.10 Suspending and ending assessments
    • 2.10.1 Suspension of liability to pay child support when parents reconcile
    • 2.10.2 Electing to end an assessment
    • 2.10.3 Terminating events
• Part 3:Registrable maintenance liabilities
  • 3.1 Australian liabilities
    • 3.1.1 Child support assessments
    • 3.1.2 Parentage overpayment orders
    • 3.1.3 Child maintenance orders
    • 3.1.4 Orders for step-parents to pay child maintenance
    • 3.1.5 Spousal and de facto maintenance orders
    • 3.1.6 Court-registered agreements, financial agreements and parenting plans
    • 3.1.7 Collection agency maintenance liabilities
  • 3.2 Requirements of registrable court orders and court registered agreements
    • 3.2.1 Periodic amounts payable to the payee
    • 3.2.2 Court orders and arrears
  • 3.3 Notification of court orders and court registered agreements
    • 3.3.1 Notification of court orders and court-registered agreements
  • 3.4 Variations to stage 1 liabilities
    • 3.4.1 Requirement to advise CSA of new order or affecting event
    • 3.4.2 New order or court-registered agreement that affects the liability
    • 3.4.3 CPI indexation for cost of living
    • 3.4.4 Joint election to suspend collection after a change in care
    • 3.4.5 Suspension for unemployment (low-income non-enforcement period)
  • 3.5 Interpreting court orders
    • 3.5.1 Order requiring payment to the payee
    • 3.5.2 Orders discharging late payment penalties
    • 3.5.3 Orders applying the assessment formula
    • 3.5.4 Orders dealing with arrears
    • 3.5.5 Severability (registering some clauses in an order and not others)
    • 3.5.6 Other common provisions in court orders and agreements
  • 3.6 Overseas orders, court registered agreements and assessments
    • 3.6.1 Registrable Overseas Maintenance Liabilities
    • 3.6.2 Registering overseas maintenance liabilities for collection
    • 3.6.3 Overseas maintenance liabilities that cannot be registered
    • 3.6.4 Varying overseas maintenance liabilities
• Part 4:Objecting, seeking a review, appealing and applying to court
  • 4.1 Objections
    • 4.1.1 Overview
    • 4.1.2 Decisions made under the Assessment Act to which a parent may object
    • 4.1.3 Decisions made under the Registration and Collection Act to which a parent may object
    • 4.1.4 What is a valid objection?
    • 4.1.5 Extensions of time to lodge objections
    • 4.1.6 Making a decision to allow or disallow an objection
    • 4.1.7 Effect of objection on original decision
  • 4.2 External review applications to the SSAT or AAT
    • 4.2.1 Overview
    • 4.2.2 Decisions which can be reviewed by the SSAT
    • 4.2.3 How to apply to the SSAT for a review of a CSA objection decision
    • 4.2.4 Time limit on applications for SSAT review
    • 4.2.5 The SSAT review process
    • 4.2.6 Effect of SSAT review application on the original decision
  • 4.3 Court applications, appeals and orders
    • 4.3.1 Overview
    • 4.3.2 Applications and orders about decisions under the Assessment Act
    • 4.3.3 Implementing court orders made under the child support legislation
    • 4.3.4 Family Law Act orders affecting a child support assessment
    • 4.3.5 Effect of a court order for maintenance of an eligible child where there is no assessment
    • 4.3.6 Applications, appeals and court orders under the Registration and Collection Act
    • 4.3.7 The Administrative Decisions (Judicial Review) Act 1977
• Part 5:Collecting child support
  • 5.1 CSA collection
    • 5.1.1 Child Support Registrar and the Child Support Register
    • 5.1.2 Registrable maintenance liabilities and how CSA registers them
    • 5.1.3 Date a liability first becomes enforceable
    • 5.1.4 Collection of arrears accrued during non-collect period
    • 5.1.5 Payment periods and payment of child support debts
    • 5.1.6 Late payment penalties
  • 5.2 Administrative enforcement
    • 5.2.1 Arrangements for payment
    • 5.2.2 Payer election to pay CSA directly
    • 5.2.3 Collection from salary or wages
    • 5.2.4 Employer Obligations for collection from salary or wages
    • 5.2.5 Collection from social security pensions and benefits
    • 5.2.6 Collection from Family Tax Benefit
    • 5.2.7 Collection from veterans' pensions and allowances
    • 5.2.8 Tax refund intercepts
    • 5.2.9 Collection from third parties
    • 5.2.10 Collection from parental leave payments
    • 5.2.11 Departure prohibition orders
  • 5.3 Non-agency payments, crediting lump sum payments and offsetting liabilities
    • 5.3.1 Non-agency payments
    • 5.3.2 Offsetting debts between payees and payers
    • 5.3.3 Crediting lump sum payments
  • 5.4 Court enforcement
    • 5.4.1 Choice of Court
    • 5.4.2 CSA's power to bring proceedings
    • 5.4.3 Enforcement by civil action
    • 5.4.4 Enforcement under the Family Law Act
    • 5.4.5 Bankruptcy
    • 5.4.6 Setting aside a transaction
    • 5.4.7 Payee's right to enforce debt via court proceedings
  • 5.5 Payments to payees
    • 5.5.1 Child Support Account
    • 5.5.2 Entitlement to payment and disbursement cycle
    • 5.5.3 Top up
    • 5.5.4 Suspending payments to payees
    • 5.5.5 Overpayments
  • 5.6 Ending and reapplying for CSA collection
    • 5.6.1 Election to end collection
    • 5.6.2 Registrar-initiated ending of collection
    • 5.6.3 Reapplying for collection
  • 5.7 Non-pursuit of debts
    • 5.7.1 Non-pursuit of debt
  • 5.8 Obsolete entries
    • 5.8.1 Obsolete Entries
• Part 6:Administration
  • 6.1 Authorisation and delegation
    • 6.1.1 Child Support Registrar's powers
    • 6.1.2 Delegation of powers
    • 6.1.3 Authorisation to make decision on another's behalf
  • 6.2 Collecting Information
    • 6.2.1 Information need not be in writing
    • 6.2.2 Taking information from children
    • 6.2.3 Information gathering powers under the Assessment Act
    • 6.2.4 Information gathering powers under the Registration and Collection Act
    • 6.2.5 Access to employer records
    • 6.2.6 Legal professional privilege
  • 6.3 Privacy, secrecy and proof of identity
    • 6.3.1 Privacy Act
    • 6.3.2 Tax file numbers and taxation information
    • 6.3.3 CSA secrecy provisions
    • 6.3.4 Collection and use of third party information
    • 6.3.5 Proof of identity
    • 6.3.6 Customers authorised representatives
    • 6.3.7 Restricted access to certain information
  • 6.4 Subpoenas
    • 6.4.1 Subpoenas and notices to produce documents
  • 6.5 Forwarding documents
    • 6.5.1 Forwarding documents and substituted service
  • 6.6 Freedom of information
    • 6.6.1 Documents held by CSA
    • 6.6.2 Gaining access to documents
  • 6.7 Service of documents
    • 6.7.1 Methods of service
    • 6.7.2 Address for service of notices
    • 6.7.3 Proof of service
    • 6.7.4 Service and evidence
  • 6.8 Offences and prosecution
    • 6.8.1 Employer offences
    • 6.8.2 Offences involving a failure to comply with notices
    • 6.8.3 Offences involving a failure to comply with a requirement of the legislation
    • 6.8.4 False and misleading statements
    • 6.8.5 Offences in relation to Departure Prohibition Orders
    • 6.8.6 Secrecy offences
    • 6.8.7 Prosecution of offences
  • 6.9 Complaints
    • 6.9.1 Complaints about decisions
    • 6.9.2 Complaints about service
    • 6.9.3 The steps in the complaint handling process
  • 6.10 Family violence
    • 6.10.1 Family violence
  • 6.11 Compensation and waiver of debts
    • 6.11.1 Compensation
    • 6.11.2 Waiver
• Previous Guide Effective until 30 June 2008