CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 98S Determinations that may be made under Part

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 98S

  (1)   The determinations the Registrar may make under this Part are as follows:

  (a)   a determination varying the annual rate of child support payable by a parent;

  (b)   a determination varying a parent's or non - parent carer's cost percentage for a child;

  (c)   a determination varying a parent's child support income;

  (d)   a determination varying the parents' combined child support income;

  (e)   a determination that:

  (i)   the column in the Costs of the Children Table that covers a parent's child support income or combined child support income that is, or is determined to be, greater than 2.5 times the annualised MTAWE figure for the relevant June quarter, is the column headed "2 to 2.5"; and

  (ii)   the column is to apply as if the second dollar amount in the heading to that column did not apply;

  (f)   a determination varying a parent's child support percentage;

  (g)   a determination varying a parent's adjusted taxable income;

  (h)   a determination varying a parent's relevant dependent child amount or multi - case allowance;

  (i)   a determination varying a parent's self - support amount;

  (j)   a determination varying the costs of the children.

Note:   There are limitations on the Registrar making a determination that varies an annual rate of child support payable in respect of a child support case below the minimum annual rate (see section   98SA).

  (2)   In proceedings under Division   2, the determinations under subsection   (1) that the Registrar may make are not limited by the terms of the application.

  (3)   A determination under this Division may make different provision in relation to different child support periods and in relation to different parts of a child support period.

  (3B)   The Registrar may only make a determination under this Part   in respect of a day in a child support period, being a day that is more than 18 months earlier than:

  (a)   the day on which the application for the determination is made under section   98B; or

  (b)   the day on which the Registrar notifies the relevant parties under subsection   98M(1);

if a court has granted leave under section   112 for the determination to be made.

  (3C)   If a court has granted leave under section   112, the Registrar may only make a determination under this Part   in respect of a day in a child support period if the day is within the period specified by the court, under subsection   112(6), in the order granting the leave.

  (4)   The Registrar must give, in writing, the reasons for making the determination (including the reasons for which the Registrar is satisfied as required by paragraph   117(1)(b)).

  (5)   A contravention of subsection   (4) in relation to a determination does not affect the validity of the determination.