Child Support (Assessment) Act 1989

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CHILD SUPPORT (ASSESSMENT) ACT 1989 No. 124, 1989
CHILD SUPPORT (ASSESSMENT) ACT 1989 No. 124 of 1989 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART 1-PRELIMINARYSection 1. Short title 2. Commencement 3. Duty of parents to maintain their children 4. Objects of Act 5. Interpretation-definitions 6. Interpretation-expressions used in Child Support (Registration and Collection) Act 7. Interpretation-expressions used in Part VII of Family Law Act 8. Interpretation-when substantial access is shared ongoing daily care 9. Interpretation-meaning of ''separated'' 10. Interpretation-meaning of ''resident of Australia'' 11. Interpretation-meaning of ''approved form'' 12. Interpretation-happening of child support terminating events 13. Extension and application of Act in relation to maintenance of children
14. Additional application of Act in relation to maintenance of children of marriages 15. Corresponding State laws 16. Act to bind Crown PART 2-COUNSELLING 17. Court counselling facilities to be made available PART 3-CHILDREN WHO MAY BE COVERED BY ACT 18. Act applies only in relation to eligible children 19. Children born on or after commencing day are eligible children 20. Children of parents who separate on or after commencing day are eligible children 21. Children with a brother or sister who is an eligible child are eligible children 22. Exclusion of certain children from coverage of Act PART 4-APPLICATIONS TO REGISTRAR FOR ADMINISTRATIVE ASSESSMENT OF CHILD SUPPORT Division 1-Application requirements 23. Application requirements generally 24. Children in relation to whom applications may be made 25. Persons who may apply 26. Persons from whom child support may be sought 27. Formal requirements for applications 28. Application for child support for 2 or more children made in same form etc. Division 2-Decision on application 29. How decision is to be made 30. Decision on application 31. Liability to pay child support arises on acceptance of application etc.
32. Withdrawal of application by applicant Division 3-Notice of decision 33. Notice to be given to unsuccessful applicant 34. Notice to be given to person from whom child support sought PART 5-ADMINISTRATIVE ASSESSMENT OF CHILD SUPPORT Division 1-The basic formula 35. Application of basic formula to determine annual rate of child support 36. The basic formula 37. Liable parent's child support percentage 38. Liable parent's child support income amount 39. Liable parent's exempted income amount Division 2-Modifications of the basic formula for certain cases Subdivision A-General 40. Division subject to departure orders and child support agreements Subdivision B-Liable parents with low child support income 41. Child support not payable if child support income amount does not exceed exempted income amount Subdivision C-Liable parents with high child support income 42. Cap on child support if child support income amount exceeds 2.5 times yearly equivalent of relevant AWE amount Subdivision D-Custodial parents with child support income of more than disregarded income amount 43. Cases in relation to which Subdivision applies 44. Reduction of child support if custodian's child support income amount exceeds custodian's disregarded income amount 45. Custodian's child support income amount 46. Custodian's disregarded income amount
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Subdivision E-Children shared or divided between parents 47. Cases in relation to which Subdivision applies 48. Application of the basic formula etc. 49. Offsetting of child support liabilities Subdivision F-Children with 2 liable parents 50. Cases in relation to which Subdivision applies 51. Application of the basic formula etc. 52. Cap on combined child support liabilities of 2 liable parents Subdivision G-Liable parents with 2 or more custodians entitled to child support 53. Cases in relation to which Subdivision applies 54. Application of the basic formula etc. Division 3-Child support income amount Subdivision A-Child support income amount determined by reference to taxable income for last relevant year of income 55. Updating of taxable income 56. Taxable income assessed under Income Tax Assessment Act to be taxable income for child support purposes 57. Taxable income for child support purposes where taxable income determined to be nil under Income Tax Assessment Act etc. 58. Taxable income for child support purposes where taxable income under Income Tax Assessment Act not readily ascertainable Subdivision B-Child support income amount determined by reference to estimate of taxable income for current child support year 59. Interpretation 60. Election where taxable income for child support purposes estimated to have fallen at least 15% 61. Effect of election 62. Revocation of election 63. Effect of revocation 64. Reconciliation of estimated and actual taxable income after end of child support year Division 4-Provisions relating to the making of assessments 65. How assessment is to be made 66. Minimum rate of child support 67. Assessment to relate to all children for whom child support payable by liable parent 68. Assessment to relate to whole or part of single child support year 69. Conversion of annual rates into daily rates of payment 70. Evidence relating to assessments 71. Assessments for part of child support year 72. Validity of assessments 73. Assumptions as to future events 74. Registrar to give effect to happening of child support terminating events etc. 75. Amendment of assessments 76. Notice of assessment to be given to liable parent etc. Division 5-Liability to pay child support as assessed 77. Effect of assessment 78. When amounts of child support due and payable 79. Recovery of amounts of child support PART 6-CONSENT ARRANGEMENTS Division 1-Introduction 80. Cases in relation to which Part applies Division 2-Child support agreement requirements 81. Child support agreement requirements generally 82. Children in relation to whom agreements may be made 83. Persons who may be parties to agreements 84. Matters in relation to which agreements may make provision 85. Formal requirements for agreements 86. Child support agreement may be entered into outside Australia 87. Agreement may be made in relation to 2 or more children etc.

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