Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 116

Application for order under Division

             (1)  A liable parent or a carer entitled to child support may, in respect of an administrative assessment of child support for a child, apply to a court having jurisdiction under this Act for an order under this Division in relation to the child in the special circumstances of the case if:

                     (b)  both of the following apply:

                              (i)  the liable parent or carer entitled to child support is a party to an application pending in a court having jurisdiction under this Act;

                             (ii)  the court is satisfied that it would be in the interest of the liable parent and the carer entitled to child support for the court to consider whether an order should be made under this Division in relation to the child in the special circumstances of the case; or

                     (c)  in the case of a liable parent--the administrative assessment of child support payable by the liable parent for the child is made under subsection 66(1).

Note 1:       For the orders that a court may make under this Division see section 118.

Note 2:       With a court's leave, a court may make an order under this Division in respect of a day that is more than 18 months earlier than the day on which the relevant application was made (see subsection 118(2B)). A person is taken to have applied under this section if leave is granted.

Note 3:       A court may make an order under this Division if the court sets aside a child support agreement under section 136.

             (2)  An application may be made by the carer entitled to child support, or the liable parent, in relation to the child.

             (3)  Subject to section 145 (Registrar may intervene in proceedings), the parties to the application are the liable parent and the carer entitled to child support.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback