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.