Child Support (Assessment) Act 1989

Sections and provisions with full text and the judgments that cite each one.

Section 35B — Simplified outline

The following is a simplified outline of this Division: • The Costs of the Children Table published by the Secretary each year (based on the table in Schedule 1 to this Act) sets out the costs to…

Section 35C — Application of Part to determine annual rate of child support

This Part applies in relation to the assessment of child support payable by a parent for a child, subject to: (a) any determination made by the Registrar under Part 6A (departure determinations); and…

Section 35D — Application of Subdivision

(1) The annual rate of child support payable for a child for a day in a child support period is assessed under this Subdivision if: (a) both parents of the child are to be assessed in respect of the…

Section 36 — Formula 2: Working out annual rates of child support using incomes of both parents in single child support case with a non-parent carer

(1) This is how to work out the annual rate of child support payable for a child for a day in a child support period if one or more non-parent carers have a percentage of care for the child for the…

Section 36A — Application of Subdivision

Section 37 — Formula 3: Method statement using incomes of both parents in multiple child support cases with no non-parent carer

This is how to work out the annual rate of child support payable for a child for a day in a child support period if no non-parent carer has a percentage of care for the child for the day. Method…

Section 38 — Formula 4: Working out annual rates of child support using incomes of both parents in multiple child support cases with a non-parent carer

Section 38A — Application of Subdivision

The annual rate of child support payable for a child for a day in a child support period is assessed under this Subdivision if only one parent of the child is to be assessed in respect of the costs…

Section 39 — Formula 5: Method statement using income of one parent where other parent not a resident of Australia or in special circumstances

(1) This is how to work out the annual rate of child support payable for a child for a day in a child support period if a non-parent carer of the child has applied for a parent of the child to be…

Section 40 — Formula 6: Method statement using income of one parent where other parent deceased

(1) This is how to work out the annual rate of child support payable for a child for a day in a child support period if a non-parent carer of the child has applied for a parent of the child to be…

Section 40A — Cases where there is more than one person entitled to child support

(1) If, in applying: (a) subsection 36(4) or 38(5) or (6); or (b) step 9 in the method statement in subsection 39(1) or 40(1); or (c) subsection 65A(5); child support is payable to: (d) a parent and…

Section 40B — Non-parent carer must have applied for child support

(1) A non-parent carer of a child is not, under section 36, 38, 39, 40, 65A or 66, entitled to be paid an annual rate of child support for the child for a day in a child support period unless the…

Section 40C — Parents with less than 35% care and no non-parent carer

The annual rate of child support payable by a parent for a child for a day in a child support period is nil if: (a) the parent’s annual rate of child support for the child is worked out under section…

Section 40D — Parents with nil child support percentage

The annual rate of child support payable by a parent for a child for a day in a child support period is nil if the parent’s child support percentage for the child for the day is nil.

Section 40E — Simplified outline

The following is a simplified outline of this Division: • The income used in determining a parent’s capacity to meet the costs of his or her children might be reduced by the following amounts: (a)…

Section 41 — Working out parent’s child support income

Single child support case—no relevant dependent children (1) If: (a) a parent is to be assessed in respect of the costs of a child in only one child support case; and (b) the parent does not have a…

Section 42 — Working out parents’ combined child support income

Work out the parents’ combined child support income for a child for a day in a child support period by adding together each parent’s child support income for the child for the day.

Section 43 — Working out parent’s adjusted taxable income

(1) Subject to this Part, a parent’s adjusted taxable income for a child for a day in a child support period is the total of the following components: (a) the parent’s taxable income for the last…

Section 44 — Post-separation costs

Application for post-separation income to be excluded (1) A parent (the applicant) of a child may apply to the Registrar to amend an administrative assessment of child support payable by or to the…

Section 45 — Working out the self-support amount

A parent’s self-support amount for a day in a child support period is: Note: A parent’s self-support amount can be varied by a determination or order under section 98S or 118.

Section 46 — Working out parent’s relevant dependent child amount

A parent’s relevant dependent child amount for a day in a child support period is the total of the amounts worked out for each relevant dependent child of the parent using this method statement.…

Section 47 — Working out multi-case allowances

(1) A parent’s multi-case allowance for a child (the particular child) for a day in a child support period is worked out using this method statement. Method statement Step 1. Work out the following…

Section 48 — Simplified outline

The following is a simplified outline of this Division: • A responsible person’s percentage of care for a child during a care period is the percentage of care determined by the Registrar under…

Section 49 — Determination of percentage of care—responsible person has had etc. no pattern of care for a child

(1) This section applies if: (a) either of the following applies: (i) an application is made under section 25 or 25A for a parent to be assessed in respect of the costs of the child; (ii) a parent is…

Section 50 — Determination of percentage of care—responsible person has had etc. a pattern of care for a child

Section 51 — Percentage of care if action taken to ensure that a care arrangement in relation to a child is complied with

(1) This section applies if: (a) the Registrar is required by section 49 or 50 to determine a responsible person’s percentage of care for a child during a care period; and (b) a care arrangement…

Section 53 — Section 51 does not apply in certain circumstances

(1) Section 51 does not apply in relation to a responsible person in relation to whom a determination is to be or has been made under section 49 or 50 if: (a) in a case where subparagraph 49(1)(a)(i)…

Section 53A — Meaning of interim period

(1) An interim period for a determination under section 49 or 50 of a responsible person’s percentage of care for a child is (subject to subsection (4)) the period: (a) beginning on: (i) the…

Section 53B — When a person has increased care of a child

A person has increased care of a child if: (a) a care arrangement applies in relation to the child; and (b) the person should have had, or is to have, an extent of care of the child under the care…

Section 54 — When a person has reduced care of a child

A person has reduced care of a child if: (a) a care arrangement applies in relation to the child; and (b) the person should have had, or is to have, an extent of care of the child under the care…

Section 54A — Working out actual care, and extent of care, of a child

(1) The actual care of a child that a person has had, or is likely to have, during a care period may be worked out based on the number of nights that the Registrar is satisfied that the child was, or…

Section 54FA — Suspension of determination before the end of the maximum interim period if there is a change to the responsible person’s cost percentage

(1) This section applies if: (a) a determination (the earlier determination) of a responsible person’s percentage of care (the actual percentage) for a child has been made under section 49 or 50 for…

Section 54HA — Suspension of determination of a responsible person’s percentage of care before the end of the maximum interim period

Section 54B — Days to which the percentage of care applies if section 51 did not apply etc. in relation to a responsible person

(1) This section applies if a determination of a responsible person’s percentage of care for a child is made under section 49 or 50 and: (a) section 51 did not apply in relation to the responsible…

Section 54C — Days to which the percentage of care applies if 2 percentages of care apply under section 51 in relation to a responsible person

(1) This section applies if: (a) a determination of a responsible person’s percentage of care for a child is made under section 49 or 50; and (b) 2 percentages of care were determined for the…

Section 54D — Rounding of a percentage of care

If a responsible person’s percentage of care determined under this Subdivision is not a whole percentage: (a) if the percentage is greater than 50%—the percentage is rounded up to the nearest whole…

Section 54E — Registrar must have regard to guidelines about the making of determinations

In making a determination under this Subdivision, the Registrar must have regard to any guidelines in force under subsection 35N(1) of the Family Assistance Act.

Section 54F — Determination must be revoked if there is a change to the responsible person’s cost percentage

(1) The Registrar must revoke a determination of a responsible person’s percentage of care (the existing percentage of care) for a child made under section 49 or 50 if: (a) the Registrar or Secretary…

Section 54G — Determination must be revoked if there is less than regular care etc.

(1) If: (a) a responsible person (the first responsible person) for a child was to have at least regular care of the child during a care period under a determination (the first care determination)…

Section 54H — Registrar may revoke a determination of a responsible person’s percentage of care

(1) The Registrar may revoke a determination of a responsible person’s percentage of care (the existing percentage of care) for a child made under section 49 or 50 if: (a) the Registrar or Secretary…

Section 54J — Registrar must have regard to guidelines about the revocation of determinations

In revoking a determination under this Subdivision, the Registrar must have regard to any guidelines in force under subsection 35S(1) of the Family Assistance Act.

Section 54K — Percentages of care determined under the Family Assistance Act that apply for child support purposes

(1) If: (a) the Registrar is required by a provision of Subdivision B of this Division to determine a responsible person’s percentage of care for a child; and (b) the Secretary has determined the…

Section 54L — Reviews of percentages of care under the Family Assistance Administration Act apply for child support purposes

(1) Subject to subsection (2), if: (a) the Secretary reviews a decision under section 105 or 109A of the Family Assistance Administration Act; and (b) reviewing the decision involves (wholly or…