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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

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.