Commonwealth Consolidated Acts

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 39

             (1)  The liable parent's exempted income amount is:

                     (a)  if the liable parent does not have a relevant dependent child--110% of the annual amount of the relevant unpartnered rate of Social Security pension for the child support period; and

                     (b)  if the liable parent has a relevant dependent child--the aggregate of:

                              (i)  220% of the annual amount of the relevant partnered rate of Social Security pension for the child support period; and

                             (ii)  the additional amount ascertained under subsection (2) for each child who is a relevant dependent child of the liable parent.

             (2)  Subject to subsection (5), the additional amount for a child who is a relevant dependent child of the liable parent is:

                     (a)  if the child will be 16 or over 12 months after the start of the child support period--50% of the annual amount of the relevant partnered rate of social security pension (within the meaning of the Social Security Act 1991 ) for the child support period; or

                     (b)  if the child will be under 16 12 months after the start of the child support period--the amount worked out using the formula:

                            where:

                            base FTB rate means the base FTB child rate for the child under clause 8 of Schedule 1 to the Family Assistance Act, for which the liable parent was eligible on 1 January immediately before the child support period.

                            standard FTB rate means the FTB child rate for the child under clause 7 of Schedule 1 to the Family Assistance Act, for which the liable parent was eligible on 1 January immediately before the child support period.

             (3)  If:

                     (a)  an assessment of child support payable by a liable parent is in force; and

                     (b)  the Registrar is later notified, or otherwise becomes aware, of the fact that the parent has a relevant dependent child who was not taken into account for the purposes of making the assessment;

then, for the purposes of working out the parent's exempted income amount under this section, the liable parent is taken to have the relevant dependent child:

                     (c)  if the Registrar was notified, or otherwise became aware, of the fact that the child is a relevant dependent child of the liable parent within 28 days after the day on which the child became such a child--on and from the day the child became such a child; or

                     (d)  if paragraph (c) does not apply and the Registrar was notified, or otherwise became aware, of the fact within 28 days after giving a notice under section 34 (giving notice of successful application)--on and from the day on which the application was made; or

                     (e)  if neither paragraph (c) nor (d) applies--on and from the day the Registrar was notified, or otherwise became aware, of the fact that the child is a relevant dependent child of the liable parent.

          (3A)  If the liable parent referred to in subsection (3) is a resident of a reciprocating jurisdiction, that subsection has effect as if the references in paragraphs (3)(c) and (d) to 28 days were references to 90 days.

             (4)  For the purposes of working out the parent's exempted income amount under this section, a liable parent is taken to cease to have a relevant dependent child on the day the child ceases to be a relevant dependent child, regardless of when the Registrar is notified, or otherwise becomes aware, of the fact.