Commonwealth Numbered Acts

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CHILD SUPPORT (ASSESSMENT) ACT 1989 No. 124 of 1989 - SECT 31

Liability to pay child support arises on acceptance of application etc.
31. (1) If the Registrar accepts an application for administrative assessment
of child support for a child:

   (a)  the applicant is a custodian entitled to child support in relation to
        the child; and

   (b)  the person from whom the application sought payment of child support
        for the child is a liable parent in relation to the child; and

   (c)  child support is payable for the child by the liable parent to the
        custodian entitled to child support; and

   (d)  the child support is payable in relation to the days in the period:

        (i)    beginning on:

                (A)  if the application was made to the Registrar within 28
                     days after the earliest day or the most recent earliest
                     day, as the case requires, on which an application for
                     administrative assessment of child support could properly
                     be made by the custodian entitled to child support
                     seeking payment of child support for the child from the
                     liable parent (in this subparagraph
called "earliest entitlement day") and the liable parent did not, on or after
the earliest entitlement day and before the day on which the application was
made to the Registrar (in this subparagraph called the "application day"), pay
or provide maintenance for the child to the custodian entitled to child
support-the earliest entitlement day; or

                (B)  if the application was not made to the Registrar within
                     28 days after the earliest entitlement day and the
                     liable parent did not, on or after the
                     earliest entitlement day and before the application day,
                     pay or provide maintenance for the child to the
                     custodian entitled to child support-the day 28 days
                     before the application day; or

                (C)  if the liable parent, on or after the
                     earliest entitlement day and before the application day,
                     paid or provided maintenance for the child to the
                     custodian entitled to child support-the application day;
                     and

        (ii)   ending on the day immediately before the day on which a child
               support terminating event happens in relation to the child, the
               custodian entitled to child support, the liable parent or all 3
               of them.

(2) The Registrar must, under this Act:

   (a)  as quickly as practicable assess the annual rate of the child support
        payable by the liable parent to the
        custodian entitled to child support in relation to the days in the
        child support year in which the application is accepted (and any
        earlier child support years) in relation to which child support is
        payable for the child; and

   (b)  before, or as early as practicable after, the start of each later
        child support year in which the child support continues to be payable
        for the child, assess the annual rate of the child support payable by
        the liable parent to the custodian entitled to child support in
        relation to the days in the later child support year in relation to
        which child support is payable for the child. 


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