Commonwealth Numbered Acts

CHILD SUPPORT (ASSESSMENT) ACT 1989 No. 124 of 1989 - SECT 125

125. (1) If the court makes an order under section 124, the court must state
in the order whether the child support ordered to be provided by the liable
parent is to be credited against the liable parent's liability under any
administrative assessment (in this Division called a "relevant administrative
assessment") of the child support payable by the liable parent to the
custodian entitled to child support that relates to the period, or a part of
the period, for which the order has effect.

(2) The court may state that the child support is not to be credited against
the liable parent's liability under any relevant assessment only if it is
satisfied that, in the special circumstances of the case, it would be:

   (a)  just and equitable as regards the child, the custodian entitled to
        child support and the liable parent; and

   (b)  otherwise proper; that the child support should not be credited.

(3) If the court states in the order that the child support is to be credited
against the liable parent's liability under any relevant
administrative assessment, the court must also state in the order either:

   (a)  that the child support has an annual value of a specified amount and
        that the annual rate of the child support payable under any relevant
        administrative assessment is to be reduced by that amount; or

   (b)  that the child support is to count for a specified percentage of the
        annual rate of child support payable under any relevant administrative
        assessment.

(4) The court may, under subsections (1) and (3), make different provision in
relation to different child support years and in relation to different parts
of a child support year.

(5) In determining whether it would be just and equitable as regards the
child, the custodian entitled to child support and the liable parent to make a
statement of the kind referred to in subsection (2), the court must have
regard to the matters mentioned in subsections 117 (4), (6), (7) and (8).

(6) In determining whether it would be otherwise proper to make a statement of
the kind referred to in subsection (2), the court must have regard to the
matters mentioned in subsection 117 (5).

(7) Subsections (5) and (6) do not limit the matters to which the court may
have regard.