CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 125 Court to state relationship between order and assessed child support

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 125

  (1)   If the court makes an order under section   124, the court must state in the order whether the annual rate of child support payable by the liable parent under any relevant administrative assessment is to be reduced, in the manner specified under subsection   (3), by the child support ordered to be provided by the liable parent.

Note:   If the court makes a statement under this section that the annual rate of child support is to be reduced, the Registrar must make a provisional notional assessment under section   146B.

  (2)   The court may state that the annual rate of child support payable by the liable parent is not to be so reduced only if it is satisfied that, in the special circumstances of the case, it would be:

  (a)   just and equitable as regards the child, the carer entitled to child support and the liable parent; and

  (b)   otherwise proper;

that the annual rate of child support not be reduced by the child support ordered to be provided.

  (3)   If the court states in the order that the annual rate of child support is to be reduced by the child support ordered to be provided, the court must also state in the order either:

  (a)   that the annual rate of child support payable is to be reduced by a specified amount that represents an annual value of the child support to be provided; or

  (b)   that the annual rate of child support payable is to be reduced by 100% or another specified percentage that is less than 100%.

  (4)   The court may, under subsections   (1) and (3), make different provision in relation to different child support periods and in relation to different parts of a child support period.

  (5)   In determining whether it would be just and equitable as regards the child, the carer entitled to child support and the liable parent to make a statement of the kind referred to in subsection   (2), the court must have regard to the matters mentioned in subsections   117(4), (6), (7), (7A) and (8).

  (5A)   In having regard to the earning capacity of a parent of the child under paragraph   117(4)(da), the court may determine that the parent's earning capacity is greater than is reflected in his or her income for the purposes of this Act only if the court is satisfied as mentioned in subsection   117(7B).

  (6)   In determining whether it would be otherwise proper to make a statement of the kind referred to in subsection   (2), the court must have regard to the matters mentioned in subsection   117(5).

  (7)   Subsections   (5), (5A) and (6) do not limit the matters to which the court may have regard.