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My partners ex has kicked their 14 yo child out of the house a week ago, rang my partner and told him that she is now his sole responsibility. The mother has said she never wants to see her daughter again. My partner has a really close relationship with his daughter but she wants to live with his mother so she doesn't have to change schools and leave her freinds. My partner has agreed to let her board with his mum during. His mother is on a disability pension so my partner will be paying all of his daughter expenses while she stays with his mum. She will be staying with us during school holidays.

In regards to CSA do we now claim that he has 100% care of his daughter, which would reduce the child support he pays for the other younger children still in his ex's care, or would the grandmother need to to apply for child support from both parents?
Frenzy,
          correctly, if the child is in the grandparent's care, the grandparent's should be the one claiming CS. In theory the CS would remain the same (payments to the other parent would be the same). However, in the scenario where the grandparent is the carer the CSA would likely benefit from an additional amount that is collected or transferred (the amount to be transferred from your partner for the child). This assumes that your partner has the greater taxable income (note that if the other parent is on income support then it would likely be that they'd pay nothing for the child due to having at least regular care of the other child).

I'd suggest that you use the Calculator available from the home page and run the two scenarios. You would need to use the advanced calculator. For the Grandparent scenario you should add a third adult for the grandparent who would be a (in the drop down that selector in the Child relationship/Data section) non-parent carer for the child living with them and other for the other child.

You may also wish to consider the pros and cons in regards to taxation (e.g. education tax refund) and Centrelink benefits (e.g. FTB, Healthcare card).
Thanks for that Mike, I haven't looked at the calculator will do that now.

Other parent works and earns 3 times as much as my partner and has their 2 other kids in her care. My partner doesn't mind paying his mum for everything and neither he or his mum really care that the ex wouldn't be paying anything towards the daughter. It would only cause increased hostility if the grandmother put in a CS claim against the ex (bitter history there). The ex would likely take it out on the daughter who is in a pretty fragile state atm. My partner will only be able to afford to pay for everything though if he can stop paying the ex for the eldest share of the CS assessment.

His mother is worried that if she claims from both parents she will lose some of her disability pension, as it appears child support is classed as income by CL. Will look into the FTB side of it cause that shouldn't effect her pension. 
The assessment will be different because formula 2 will be used. CSA's Guide has a good explanation of how the formula differs with a non parent carer involved and there are some examples of how the assessment can differ depending on incomes - Guide 2.4.8

If the ex's income is 2 times higher than your partner's then I would expect her child support to be higher even with 2 dependents at home.

The other thing to consider is that your partner's mum does not need to register a child support assessment if she does not want to. As the child is no longer in either parent's care, it is a terminating event under section 12 of the assessment act. The grandmother can choose to register an assessment against both parent's if she wishes, or there can be a private arrangement with either parent, but the Family Assistance Office cannot compel her to register a case as grandparents do not need to take reasonable maintenance action to receive more than a base rate of FTB - A.

To answer your original question, you could claim CS for her. CSA often makes decisions to say that the child is in a parent's care, but is merely residing with another person. If you can show that you financially support the child and make decisions regarding their ongoing welfare, CSA may decide that the child is in your partner's care. I think you could make a pretty convincing argument to say that the child is there simply to attend school, therefore it can be treated like a boarding arrangement

Guide 2.2.1 said
Additionally, in limited circumstances, a person may have care of a child who is not living with them for a period of time. For example, a person can provide care for a child who is at boarding school, in hospital or in separate accommodation. A person who simply supervises the child (for example, a baby sitter, a child minder such as a grandparent, a schoolteacher) does not provide care. Consideration is given to who has responsibility for making arrangements for, and decisions about, the childs welfare, as well is who is meeting the childs costs, rather than just the accommodation arrangements themselves. CSA will give weight to statements from both parents and any nonparent carers.
- my emphasis on grandparent.


Thank you Burbs that is so helpful.

A terminating event or having my partner classed as having full time care sounds the way to go. According to the calculator if my partner has full care, his CS amount will drop by almost 1/3 which he could then give to the grandmother. Along with family allowance it would be enough to cover the daughters expenses. Don't think we will go down the road of trying to claim CS from the mother, she doesn't mind receiving child support but will object to paying it and that would make it more unlikely that she will try to make amends with her daughter. The mother is refusing to let the daughter have any contact with her brother and sister atm, so making her more angry by hitting her up for CS is probably best avoided if possible.
Sounds to me like she is already 100% angry.
Put in the CS claim.
Frenzy, If your partner has been given sole responsibility/care for his daughter and he has arranged for her to board with his mother, there is no need for his mother to do anything as the father is still caring for his daughter and he can claim C$A etc… If his daughter is however not staying with his mother under a lodging or boarding agreement, then the situation as described by others may apply.
Be wary that if not done as the lodging or boarding agreement, and the grandmother puts in a claim herself, the mother's refusal as to her being the carer will result in a C$ claim failing.
Its not guaranteed that the application would be refused. In order for the mother to state that she does not consent to the grandmother having care, she would need to provide care for the daughter herself. If it is documented that the child has been kicked out of home, this will be difficult for the mother to prove.

CSA's Guide 2.1.1. said
The terms of the legislation imply that if the parent does not agree to the care arrangements they must be prepared to provide care for the child. Some reasonable indication of an alternative living arrangement for the child is required.

The other likely scenario is that the child being with the grandmother would be seen as being the result of extreme family breakdown. This is not actually determined by CSA, as they provide a referral to a Centrelink Social Worker who makes the decision. Its a moot point if the grandmother decides not to claim though…
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