Commonwealth Consolidated Acts

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 31

             (1)  If the Registrar accepts an application for administrative assessment of child support for a child:

                     (a)  if the application is a carer application:

                              (i)  the applicant is a carer entitled to child support in relation to the child; and

                             (ii)  the person from whom the application sought payment of child support for the child is a liable parent in relation to the child; and

                     (b)  if the application is a liable parent application:

                              (i)  the applicant is a liable parent in relation to the child; and

                             (ii)  the person to whom the application sought to pay child support is a carer entitled to child support in relation to the child; and

                     (c)  child support is payable for the child by the liable parent to the carer entitled to child support; and

                     (d)  the child support is payable in relation to the days in the period:

                              (i)  beginning on the day on which the application was made to the Registrar; and

                             (ii)  ending on the day immediately before the day on which a child support terminating event happens in relation to the child, the carer entitled to child support, the liable parent or all 3 of them.

             (2)  The Registrar must assess under this Act the annual rate of the child support payable by the liable parent to the carer entitled to the child support for the child for the days in the child support period that starts on the day the application was made. The Registrar must do so as quickly as practicable.

Note:          Part 4A deals with assessments for later child support periods.

             (3)  Despite subsections (1) and (2), the liability of a liable parent who is a resident of a reciprocating jurisdiction to pay child support does not arise until all prior requirements (if any) under the applicable international maintenance arrangement, and under the laws of the reciprocating jurisdiction, have been complied with.

Example 1: Some reciprocating jurisdictions require that a person from whom the payment is sought must be given notice about the making and substance of the application for administrative assessment of child support and about how the person may object to the application.

Example 2: Some reciprocating jurisdictions require that the person have an opportunity to be heard before the making of a decision on the application.