CHILD SUPPORT LEGISLATION AMENDMENT ACT 1998 NO. 120, 1998 - SCHEDULE 19 - Liable parent applications
CHILD SUPPORT LEGISLATION AMENDMENT ACT 1998 NO. 120, 1998 - SCHEDULE 19
- Liable parent applicationsChild Support (Assessment) Act 1989
3 Paragraphs 23(b) and (c) (b)
section 25 (Persons who may apply—eligible carers);
(c) section 25A (Persons who may apply—parents other than
eligible carers); 4 Sections 25 and 26
25 Persons who may apply—eligible carers
(a) the person is an eligible carer of the child; and
(b) the person is seeking payment of child support for the child from a
person who is:
(i) a parent of the child; and
(ii) a resident of Australia on the day the application is made; and
(c) the person is not living with the person from whom payment of child
support is sought as the partner of that person on a genuine domestic
basis (whether or not legally married to that person); and
(d) the person complies with any applicable requirements of
section 26 (dealing with joint care situations) and
section 26A (dealing with children cared for under child welfare
laws).
(a) the person is a parent of the child; and
(b) the person is a resident of Australia on the day the application is
made; and
(c) the person is seeking to pay child support for the child; and
(d) the person is seeking to pay the child support to an eligible carer of
the child; and
(e) the person is not living with the person to whom child support is
sought to be paid as the partner of that person on a genuine domestic
basis (whether or not legally married to that person); and
(f) the person complies with any applicable requirements of
section 26 (dealing with joint care situations) and
section 26A (dealing with children cared for under child welfare
laws). Carer application
(a) 2 or more persons ( joint carers ) jointly are the sole or principal
providers of ongoing daily care for a child; or
(b) 2 or more persons ( joint carers ) jointly share ongoing daily care of
a child substantially equally with another person or other persons;
Liable parent application
(a) 2 or more persons ( joint carers ) jointly are the sole or principal
providers of ongoing daily care for a child; or
(b) 2 or more persons ( joint carers ) jointly share ongoing daily care of
the child substantially equally with another person or other persons;
(a) if it is a carer application—be made by an eligible carer of the
child who is a parent or relative of the child; and
(b) if it is a liable parent application—nominate as the eligible
carer to whom the child support is sought to be paid an eligible carer
who is a parent or relative of the child. 5 Subsection 29(1) 6 Subsection 29(2) 7 Paragraphs
31(1)(a) and (b) (a) if the
application is a carer application:
(i) the applicant is a carer entitled to child support in relation to the
child; and
(ii) the person from whom the application sought payment of child support
for the child is a liable parent in relation to the child; and
(b) if the application is a liable parent application:
(i) the applicant is a liable parent in relation to the child; and
(ii) the person to whom the application sought to pay child support is a
carer entitled to child support in relation to the child; and 8
Subsection 34(1) 9 Paragraph 83(1)(b) (b) a person who is:
(i) a parent of the child; and
(ii) a resident of Australia on the day the agreement is entered into. 10
Subsection 106(1)
11 Paragraph 106(4)(c) (c) that the person
from whom the application sought payment of child support was:
(i) a parent of the child; and
(ii) a resident of Australia on the day the application was made; 12 After
section 106
106A Application for declaration by unsuccessful liable parent applicant for
administrative assessment
(a) that the child was, under section 24, a child in relation to whom the
application for administrative assessment of child support was entitled to be
made; and
(b) that the applicant was, under section 25A, a person entitled to
make the application for the child; and
(c) that the person to whom the application sought to pay child support
was, under section 25A, a person to whom payment of child support
was entitled to be sought for the child;
13 Subsection 107(1)
14 Paragraph 107(4)(c) (c) that the person
from whom the application sought payment was not:
(i) a parent of the child; or
(ii) a resident of Australia; 15 Paragraph 109(2)(b) (b) a ground of the application is that the
person is not a parent of the child; and 16 Subsection 139(1) 17 Paragraphs
153(c) and (d)
Child Support (Registration and Collection) Act 1988 18 Subsection
24A(2) ; or (c) the application giving rise to the
child support assessment was a liable parent application within the
meaning of the Child Support Assessment Act 1989.
19 After subsection 28A(1)
(a) a payee applies under subsection 25(1) for registration of a registrable
maintenance liability; and
(b) the registrable maintenance liability arises under a child support
assessment made because of an application by the payer. 20
Transitional "carer
application" means an application for administrative assessment under
section 25.
"liable parent application" means an application
for administrative assessment under section 25A.
one only of the joint carers may apply for administrative assessment
of child support for the child.
a person who makes a liable parent application must nominate one only
of the joint carers as an eligible carer to whom the person is seeking
to pay child support.
26A Requirements of application if child is cared for under child welfare law
If a person applies for administrative assessment of child support for a child
who is under the care (however described) of a person under a child welfare
law, the application must:
the court may grant the
declaration.