A member asked over 8 years ago

Ex-husband wants son's full Centrelink payments for the week

I have split with my ex-husband. We are in the middle of getting mediation sorted - no court orders. 

I have our son full time, but the father is taking him for a week in September. He is demanding me to give him our son's full benefit payments for the week even though I have already told him I'll be sending him with everything he needs.

Am I legally obligated to send our child with his Centrelink benefit for the week?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. We have assumed that by ‘Centrelink payments’ you are referring to child support payments that are managed through Centrelink.

The amount of child support to be paid by one or both parents after separation will depend on the parenting arrangements that the parties have reached. Under Centrelink’s child support scheme, your percentage of care (i.e. how much custody you have) will affect the child support payments.

A parent who has ‘primary care’ of their child, cares for them more than 65% and up to 86% of the time. This is between 238 and 313 nights per year. Parents who care for their child more than 86% of the time, will have ‘more than primary care’ for their child.

You said that you have your child ‘full time’, which would mean that you have more than primary care of your child. Parents who have primary care or more than primary care of their child are not required to pay child support. As a general rule, this means that you will be entitled to receive child support payments from your former partner, but not required to pay child support.

Unless you have made parenting arrangements that specifically deal with situations when your son temporarily stays with his father, you would not be required to pass on your child support payments for that week. However, because you are not seeking court orders in your separation and parenting mediation, you are free to negotiate a different arrangement with your former partner regarding funding your son’s temporary stays with his father. Remember that both parents have parental responsibility for their children until age 18 years.

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Answered over 8 years ago   Legal disclaimer

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