Commonwealth Consolidated Acts

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CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 34B

Administrative assessment for child support period started by new agreement when support already payable

             (1)  The Registrar must assess the annual rate of child support payable for a child for a day in a child support period if:

                     (a)  the Registrar accepts a child support agreement made in relation to the child; and

                     (b)  child support is already payable by a parent for the child under an administrative assessment; and

                     (c)  the agreement is to affect the annual rate of child support payable for the child.

The Registrar must assess the annual rate immediately after accepting the agreement.

Note 1:       Section 95 explains how the provisions of the agreement affect the assessment.

Note 2:       If the Registrar makes an assessment under this section, the Registrar must make a provisional notional assessment under section 146B.

             (2)  The child support period starts:

                     (a)  if:

                              (i)  the application for acceptance of the agreement was made to the Registrar within 28 days after the day on which the agreement was signed; and

                             (ii)  the agreement states that child support is to be payable from a specified day; and

                            (iii)  the day specified is not earlier than the day on which child support first became payable under the administrative assessment;

                            on the specified day; or

                     (b)  if:

                              (i)  the application for acceptance of the agreement was made to the Registrar within 28 days after the day on which the agreement was signed; and

                             (ii)  the agreement states that child support is to be payable from a specified day; and

                            (iii)  the day specified is earlier than the day on which child support first became payable under the administrative assessment;

                            on the day on which child support first became payable under the administrative assessment; or

                     (c)  if:

                              (i)  the application for acceptance of the agreement was made to the Registrar within 28 days after the day on which the agreement was signed; and

                             (ii)  the agreement does not specify a day from which child support is to be payable;

                            on the day on which the agreement was signed; or

                     (d)  otherwise--on the day on which the application was made to the Registrar for acceptance of the agreement.

             (3)  However, if the applicant for acceptance of the agreement is a resident of a reciprocating jurisdiction, subsection (2) applies as if the references in subparagraphs (2)(a)(i), (b)(i) and (c)(i) were references to 90 days instead of 28 days.



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