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Topic #1493 (no title)

A discussion about the difference between days and nights in relation to CSA and Centerlink

Days and OR Nights are used under the new legislation. I have posted in detail about this on the CSA forums. It is no longer ONLY nights. NIGHTS are used in the current legislation.

Executive Secretary - Shared Parenting Council of Australia
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Sorry for the delay in responding. I know that I has seen something about days being allowed for CS from July 2008. I've eventually found it in the In the Best Interests of Children. Report of the Ministerial Taskforce on Child Support - Reforming the Child Support Scheme it says:
Every Picture tells a story said
 If the parents agree that daytime-only contact, or a combination of days and nights, is the equivalent of the expenditure involved for 14% or more nights per year, then the same reduction in child support will be applicable. Otherwise the matter will need to be determined by the Child Support Registrar on application by a parent.
i.e. you can likely get it, but you'll have to fight for it, many will likely not know and get fleeced accordingly.

Uhhm if only we could run ads on TV:

Are you able to claim FTB?

Are you paying too much Child Suport because your assessment is based on nights? Days of care can count.

The report can be found at Every Picture Tells a Story

However this isn't the actual legislation. Does anyone know where the new legislation can be found? I can only find the current legislation.

However I've also found another answer I was looking for and that is that if there are more than three children then the eldest three will be the ones considered (I was assuming this would be the case).

Days are nights and Nights are days after July

Establishing a parent' s level of care, including daytime care. We have spoken at length about daytime care and have been following up on the specific detail.

Under the new formula, where a non-resident parent (or non-parent carer) has care of their child/ren for at least 14% of nights per year, they are considered to be meeting a set percentage of the costs of their children through the provision of that care.

Consequently, the child support payable by them is reduced to reflect this.

As a general rule, the level of care under the new formula will be assessed on the number of nights that the parents or non-parent cares for the child. This is because caring for children overnight is the primary driver of increased costs for non-resident parents/carers as they are required to provide additional infrastructure to enable overnight stays.

However, sometimes parents have extensive daytime care for which they incur expenses, but little or no night time care.

Read this latest note about day time care.

Level of day time care

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity

A Quick note on FTB and calculating TIME

The current practice by Centrelink (Family Assistance Office) is to calculate care based on NIGHTS. If asked nicely, they can and will calculate care on hours. That then becomes the percentage of care for FTB purposes.

For example orders give 29% of nights, but there a significant number of DAYS only, enough to take the percentage of HOURS to 35%.

FTB is paid on the figure of 35% care.

In my case I then sent the Centrelink Assesment to C$A and they accepted the Centrelink % of care.

For me - Shared Parenting is a Reality - Maybe it can be for you too!
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