Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CHILD SUPPORT (ASSESSMENT) ACT 1989 No. 124 of 1989 - SECT 93

Liability to pay child support arises on acceptance of application where child support not already payable etc.
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:

   (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 custodian 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
        custodian entitled to child support is a liable parent in relation to
        the child and the custodian entitled to child support; and

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

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

        (i)    beginning on:

                (A)  if the application for acceptance of the agreement was
                     made to the Registrar within 28 days after the day on
                     which the agreement was entered into and the agreement
                     specifies a day (not being a day earlier than the
                     commencing day) on which payment of child support is to
                     start-the specified day; or

                (B)  if the application was made to the Registrar within 28
                     days after the day on which the agreement was entered
                     into and the agreement does not specify a day on which
                     payment of child support is to start-the day on which the
                     agreement was entered into; or

                (C)  in any other case-the day on which the application was
                     made to the Registrar; 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 for acceptance of the
        child support agreement was made to the Registrar (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, 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.

(3) In making any administrative assessment in relation to the child, the
custodian 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). 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback