CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 93 Liability to pay child support arises on acceptance of application where child support not already payable etc.

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 93

  (1)   If:

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

  (b)   either:

  (i)   child support is not already payable for the child; or

  (ii)   child support is already payable by a person to another person for the child, but child support is to be paid or provided under agreement for the child otherwise than by the first - mentioned person to the other person;

then, subject to subsection   (1A):

  (c)   the acceptance of the agreement by the Registrar has the same effect (as provided by this section) as the acceptance by the Registrar of an application for administrative assessment of child support for the child; and

  (d)   a person to whom child support is to be paid or provided under the agreement is a carer entitled to child support in relation to the child; and

  (e)   a person by whom child support is to be paid or provided under the agreement to the carer entitled to child support is a liable parent in relation to the child and the carer entitled to child support; and

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

  (g)   the child support is payable from the day on which the application was made to the Registrar for acceptance of the agreement; and

  (h)   the child support is payable until the earlier of the following days:

  (i)   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;

  (ii)   the day immediately before the day on which the agreement is terminated under section   80D or 80G.

  (1A)   Despite paragraphs   (1)(g) and (h), child support is not payable for a child under the agreement for a day if the agreement is suspended in relation to the child under section   86 on that day.

  (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 on which the application was made to the Registrar for acceptance of the agreement. The Registrar must do so as quickly as practicable.

Note 1:   The Registrar must assess, under section   34B, the annual rate of child support payable under an agreement if an annual rate of child support is already payable and the agreement is to affect that annual rate.

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

  (3)   In making any administrative assessment in relation to the child, the carer entitled to child support and the liable parent, the Registrar must act in accordance with section   95 (Effect of certain provisions of accepted child support agreements).