• Areas of Law
    • Business Law
      • Building & Construction Law
      • Business & Commercial Leases
      • Buying or Selling a Business
      • Franchise
      • Other Business Agreements and Advice
    • Property & Conveyancing
      • Conveyancing – Buying a Property
      • Conveyancing – Selling a Property
    • Criminal Law
      • Assault Offences
      • Apprehended Violence Orders (AVO)
      • Affray and Riot
      • Drug Offences
      • Sexual Offences
      • Firearms & Weapons Offences
    • Debt Recovery & Litigation
      • Bankruptcy
      • Corporate Insolvency
      • Litigation & Commercial Disputes
      • Mercantile and Debt Collection Agencies
      • Small Claims Debt Recovery
    • Family Law
      • Child Custody
      • Property Settlement
      • De Facto Relationships
      • Divorce
      • Family Violence & AVOs
    • Traffic Law
      • Drink Driving
      • Drug Driving
      • Licence Appeals and Habitual Offender Declarations
      • Unlicensed Driving
      • Negligent, Reckless & Dangerous Driving
    • Wills & Estates
      • Defending or Contesting a Will
      • Guardianship
      • Power of Attorney
      • Probate
      • Wills
  • Results
  • Our People
  • Knowledge Centre
  • Join Prime
  • Locations
  • About us
  • Areas of Law
    • Business Law
    • Property & Conveyancing
    • Criminal Law
    • Debt Recovery & Litigation
    • Family Law
    • Traffic Law
    • Wills & Estates
  • Results
  • Our People
  • Knowledge Centre
  • Join Prime
  • Locations
  • About us
1800 529 529 Free Case Evaluation

Family Law

Services

  • Child Custody
  • De Facto Relationships
  • Divorce
  • Family Violence & AVOs
  • Property Settlement

Locations

  • Family Lawyers Sydney CBD
  • Family Lawyers Chatswood
  • Family Lawyers Parramatta
  • Family Lawyers Sutherland
  • Family Lawyers Wollongong
< Back to Child Custody

Application for Child Support by Non-Parent Carer

In order for a non-parent carer to receive child support, they must be considered an eligible carer.

As a starting point, a person is considered an eligible carer if that person at least has shared care of the child. It is not necessary for that person to be a full time carer and can be considered an eligible carer even where the care is being shared with one of the child’s parents.

However, despite this starting point, where:

(a)  a person cares for a child; 

(b)  the person is neither a parent nor a legal guardian of the child; and

(c)  a parent or legal guardian of the child has indicated that he or she does not consent to the person caring for the child;

then the person is not an eligible carer in relation to the child unless it would be unreasonable in the circumstances for a parent or legal guardian of the child to care for the child.

The law holds that it is unreasonable for a parent or legal guardian to care for a child if:

(a)  it can be proved that there has been extreme family breakdown; or

(b) it is accepted that there is a serious risk to the child’s physical or mental well-being from violence or sexual abuse in the home of the parent or legal guardian concerned.

In order to then receive child support payments, a non-parent must also meet the following requirements:

(a) either there are special circumstances in the case which compel the applicant to apply for child support for either or both parents, or if a parent is overseas or has died and the applicant applies for child support for the other parent; and

(b) the applicant is not living with any of the parents and is not a partner of either parent; and

(c) the applicant complies with s26 and s26A of the Child Support (Assessment) Act 1989; and

(d) the required steps are taken if the parent is living overseas.

Under section 26 of the Act, if there is joint care for a child, then only one care may apply for administrative assessment of child support. In addition, if one of the carers is a parent of the child, then only the parent may make the application.

Under section 26A of the Act, where the non-parent carer is a carer of a child under a child welfare law, then the carer can only make an application for administrative assessment if the carer is a relative of the child.

If you require assistance with a child custody matter, our experts at Prime Lawyers – Family Law Division can help. Contact us to make an appointment with a family lawyer at your nearest Prime Lawyers office.

We have offices in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.

Share / Print

Click to View our Testimonials

Click now to make an enquiry or get a free case evaluation.

Make Contact

  • Free Case Evaluation
  • Costs

    Type of Enquiry*

    *Required Fields

      Tell us about your legal matter so we can provide you with a no obligation quote or details of our costs to help you.

      *Required Fields

      If you would prefer to talk, call us on 1800 529 529

      • Areas of Law
        • Estates
        • Family
        • Criminal
        • Traffic
        • Property & Conveyancing
        • Debt
        • Business
      • Our People
      • Results
      • Knowledge Centre
      • Join Prime
      • Locations
      • About Us

      @PrimeLawyers This is twitter:

      • It may surprise you who can get a copy of your Will when the time comes. Contact us today to ensure your Will refle… https://t.co/X3XGyAoga06 days ago

      @PrimeLawyers

      Prime Lawyers

      Make an Enquiry

      Costs

      Free Case Evaluation