Above primary care
Above primary care means one parent has a care percentage over 86% and a cost percentage of 100%. The other parent is treated as contributing purely through payments, and so is required to pay the maximum amount subject to income constraints.
Key takeaways for parents
As a parent with above primary care, you’re being given all the credit for the daily costs of raising your child. Consequently, a parent with above primary care:
- should not normally expect additional financial contributions from the other parent on a regular basis; and
- can allow the other parent to care for their child for up to 51 nights per year without affecting payments.
The band reduces complications when one parent has full-time or near-full-time care of their child. The other parent can have from zero to 51 overnight stays per year with no impact on payment calculations.
Above primary care defined
The child support formula uses 5 different terms to describe care. Above primary care is the term used when a parent has a percentage of care between 86% and 100%.
When a parent has above primary care of a child, they have a cost percentage of 100%, which means they are recognised as meeting 100% of the costs of the child through care.
Definition source: Guides to Social Policy Law, Child Support Guide, Above primary care.
Effect on child support
In the calculation of child support, the above primary care level captures the situation where there is sole care or close to it. One parent can be considered fully responsible for the day-to-day costs of raising a child.
The value of having this care band is in how the system handles the other parent, who has below regular care. Because that parent’s only contribution is in the form of payments, the maximum payment rates apply. If the parent with below regular care has low income, minimum or fixed rates can be used, depending on the circumstances, to force a contribution.
You provide 86% to 100% care
At 86% to 100% care, all of the child’s costs are attributed to you. The formula does not recognise the other parent as meeting any costs through care. The other parent is required to pay child support to contribute in line with their income.
The other parent provides 86% to 100% care
When the other parent has 86% to 100% care, you fall into the below regular care category. Your child support liability is calculated from your income without any offset for direct care.
If your income is low, the minimum annual rate or fixed annual rate may still apply to ensure a contribution.